O’Neill Institute for National and Global Health LawO’Neill Institute for National and Global Health LawLegal Issues in Health Reform

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Tag Archives: litigation

Could Health Reform Create “A Litigation Explosion”?

Nothing apparently excites the readers of the Wall Street Journal more than a threatened “litigation explosion.” Perhaps this is because so many of their readers are lawyers. It was only a matter of time, therefore, before they published an opinion column ominously titled, “Health-Care Reform Could Create a Litigation Explosion.” (See the February 11 issue, […]

Health Courts: The Latest Fad or the Answer to Medical Liability Reform?

When I discuss tort reform in my health law class, I usually start with the following: if tort reform is the answer, what is the question? As I suggested in an earlier post, there’s little agreement on which tort reform policy measures to implement. Despite some excellent recent empirical scholarship from Professors Hyman, Black, Silver, […]

The McCarran-Ferguson Act of 1945: Time to be Repealed

For the most part, I have found the congressional debate over health insurance reform largely dispiriting and depressing. But every now and then, an event occurs that temporarily adds a bit of levity to the process. While all too infrequent, sometimes the political posturing is instructive on many levels. The release of the health insurance […]

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