During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from that legislation to improve the PPACA.
Nancy Kubasek & Tiffany Durham,
Remodeling Federal Medical Malpractice Act: A Possible Improvement to the Affordable Care Act,
48 Loy. L.A. L. Rev. 1143
Available at: http://digitalcommons.lmu.edu/llr/vol48/iss4/2