Blending reform of tort liability and health insurance: a necessary mix |
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Authors: | O'Connell J |
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Affiliation: | University of Virginia, USA. |
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Abstract: | The thesis of this Article is that making more health insurance benefits available to more people, far from lessening injury victims' proclivity to sue in tort (as conventional wisdom argues), will increase such suits. Thus, it is necessary to accompany any increases in health care coverage with the type of tort reform proposed herein. This reform would allow parties to opt out of the cumbersome and expensive tort claim process with its compensation of noneconomic losses by substituting quicker and surer compensation of any unmet economic losses. |
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