Medical Malpractice, Tort, Contract, and Managed Care
Gary T. Schwartz | 1998 U. Ill. L. Rev.
Professor Gary Schwartz discusses Richard Epstein's views on medical malpractice in this article. Schwartz ultimately concludes that Epstein's account of malpractice law and malpractice policy lacks illumination: medical malpractice does not fit the overall pattern that Epstein professes to find in health law generally. Schwartz also believes that Epstein's analysis neglects the modern movement towards managed care, and all the ways in which that movement may be affecting the malpractice system. These oversights, according to Schwartz, make suspect Epstein's recommendation that the problems with the malpractice system be solved solely by reliance on contract values.
* William D. Warren Professor, UCLA School of Law. Thanks to Elizabeth Wehr.