No-fault cerebral palsy insurance: An alternative to the obstetrical malpractice lottery

A. D. Freeman, J. M. Freeman

Research output: Contribution to journalArticle

Abstract

Sixty percent of malpractice premiums paid by obstetricians go to cover suits for alleged birth-related cerebral palsy (CP). Yet substantially less than half of that money goes to CP victims, and less than 10 percent of children with CP receive any compensation at all from tort suits. This paper proposes a system that would compensate all children born with CP for most handicap-related expenses, in exchange for which the children would be foreclosed from bringing suits alleging birth-related malpractice. Malpractice would be policed by a state board, which would investigate all CP cases. This proposal would be more equitable than current systems. It would also be less expensive, since it would avoid costly litigation and decrease the cost of obstetrical malpractice insurance.

Original languageEnglish (US)
Pages (from-to)707-718
Number of pages12
JournalJournal of Health Politics, Policy and Law
Volume14
Issue number4
DOIs
StatePublished - Jan 1 1989

ASJC Scopus subject areas

  • Health Policy

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