Medical-Malpractice Reform: Is Enterprise Liability or No-Fault a Better Reform?

Abstract

This Note compares two medical-malpractice reforms: enterprise liability and no-fault. The Note compares the reforms for their relative ability to compensate injured patients and deter malpractice. The Note also examines the reforms' economic and sociopolitical feasibility. The Note concludes that a no-fault medical-malpractice system would better compensate patients and deter malpractice, but enterprise liability is a more feasible reform that policymakers should pursue more aggressively.