Medical malpractice, tort, contract, and managed care

Professor Gary Schwartz discusses Richard Epstein's views on medical malpra ctice in this article. Schwartz ultimately concludes that Epstein's account of malpractice law and malpractice policy lacks illumination: medical malp ractice does not fit the overall pattern that Epstein professes to find in health law generally. Schwartz also believes that Epstein's analysis neglec ts the modern movement towards managed care, and all the ways in which that movement may be affecting the malpractice system. These oversights, accord ing to Schwartz, make suspect Epstein's recommendation that the problems wi th the malpractice system be solved solely by reliance on contract values.