TortsProf Blog

Editor: Christopher J. Robinette
Widener Univ. School of Law

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Wednesday, June 26, 2013

Study Calls Into Question Amount of Defensive Medicine

AboutLawsuits.com is reporting a study questioning the amount of defensive medicine in the health care system:

In a study published earlier this month by the medical journal JAMA Internal Medicine, researchers working with Veterans Affairs hospitals indicate that doctors at the government-run medical centers, who are generally shielded from the effects of most malpractice lawsuits, request just as many unnecessary medical tests as their peers in the private sector, who are far more vulnerable to lawsuits. 

The study was based on the number of times a doctor requested a myocardial perfusion imaging (MPI) test without sufficient justification.  The article is here, but I don't have access to the study itself.

--CJR

June 26, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Tuesday, June 25, 2013

Top 10 Recent SSRN Torts & Products Liability Downloads

1        129    Some Rule-of-Law Anxieties About Strict Liability in Private Law; John Gardner

2        125    What is Tort Law for?  Part 2.  The Place of Distributive Justice; John Gardner

3        102    Tort Law and Responsibility; John Goldberg & Ben Zipursky

4        100    Civil Recourse Defended:  A Reply to Posner, Calabresi, Rustad, Chamallas and Robinette;

                    John Goldberg & Ben Zipursky

5         92    Junior Seau, Head Trauma, and the NFL's Concussion Problem, andre douglas pond cummings

6         75    Tort Law's Role in Protecting Privacy:  Current and Future Directions; Barbara McDonald

7         71    The Tort Foundation of Duty of Care and Business Judgment; Robert Rhee

8         68    Reality Check:  How Malpractice Facts Changed Malpractice Liability Theory; Jennifer Arlen

9         60    The Practice:  Class Action Cacophony at the Supreme Court; Linda Mullenix

10       60    Economic Analysis of Medical Malpractice Liability and Its Reform; Jennifer Arlen

--CJR

June 25, 2013 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Monday, June 24, 2013

Hylton on Third-Party Funding of Litigation

Keith Hylton (Boston University) has posted to SSRN Towards a Regulatory Framework for Third-Party Litigation Funding.  The abstract provides:

Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today – waiver, subrogation, and settlement agreements. The existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.

--CJR

June 24, 2013 in Scholarship | Permalink | Comments (0) | TrackBack (0)