Brigham Young University Prelaw Review


medical malpractice, tort reform, healthcare, healthcare law, compensatory damages, health law, tort, medical malpractice tort reform, malpractice tort reform, malpractice reform, damage caps, personal injury, personal injury law, medical malpractice damage caps, legal reform, efficiency, legal efficiency, transparency


The current medical malpractice tort system often promotes inefficiency and perverse incentives for doctors. Attempts at reform, to date, have been largely ineffective or harmful to the patient. A total overhaul—including a state-run medical review board, a centralized no-fault compensation fund, and a publicly accessible black mark database—should be tailored and enacted by each state.