When the budget is in a tailspin, some argue the law should make it way harder for patients to sue hospitals for mistakes.
Usually, when a system is struggling, we assume we need stricter rules to protect patients. This research argues that in resource-constrained environments, reversing the burden of proof to favor doctors is the only way to keep the legal system from bankrupting the healthcare infrastructure.
Medical liability Under Limited Resources: A Law and Economics Perspective
SSRN · 6462983
This paper presents an analysis of how limited resources in healthcare should affect medical liability. This has become a significant intellectual question in the debate on how to construct an efficient medical liability system. The question has, moreover, received a lot of attention where healthcare systems face increasing pressure from budget constraints. This was especially the case during the COVID-19 period. In the paper an economic perspective is used to address this fundamentally normativ