Foundations and Trends® in Microeconomics > Vol 3 > Issue 5–6

The Law and Economics of Public Health

Frank A. Sloan, Center for Health Policy, Duke University, USA, fsloan@duke.edu Lindsey M. Chepke, Center for Health Policy, Duke University, USA, lchepke@duke.edu
 
Suggested Citation
Frank A. Sloan and Lindsey M. Chepke (2007), "The Law and Economics of Public Health", Foundations and Trends® in Microeconomics: Vol. 3: No. 5–6, pp 331-490. http://dx.doi.org/10.1561/0700000020

Published: 01 Oct 2007
© 2007 F. A. Sloan and L. M. Chepke
 
Subjects
Health Economics,  Law and Economics
 
Keywords
Medical malpracticeTort liabilityProduct liabilityWorkers compensationPublic health
 

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In this article:
1 Introduction
2 Government Intervention in Markets: Alternative Approaches
3 Motor Vehicle Accidents, Insurance, and Tort Liability
4 Dram Shop and Social Host Liability
5 Medical Malpractice
6 Tobacco Litigation
7 Litigation Involving Pharmaceutical, Medical Device, and Vaccine Manufacturers
8 Workers' Compensation
9 The Experiences Compared
Acknowledgments
References

Abstract

The fundamental question addressed by this paper is whether or not and the extent to which imposing tort liability on potential injurers improves the public's health. Conceptually, imposing the threat of litigation on potential injurers gives them an incentive to exercise more care than they would absent the threat. While the conclusion might seem to be obvious at first glance, in reality, the conclusion is far from obvious. For one, insurance coverage may blunt incentives to take care. Also, the tort system may operate far less perfectly than the theory would have it. In the end, the question must be answered on the basis of empirical evidence.

DOI:10.1561/0700000020
ISBN: 978-1-60198-074-8
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ISBN: 978-1-60198-075-5
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Table of contents:
Introduction
Government Intervention in Markets: Alternative Approaches
Motor Vehicle Accidents, Insurance, and Tort Liability
Dram Shop and Social Host Liability
Medical Malpractice
Tobacco Litigation
Litigation Involving Pharmaceutical, Medical Device, and Vaccine Manufacturers
Workers Compensation
The Experiences Compared
References

The Law and Economics of Public Health

The Law and Economics of Public Health synthesizes the empirical research findings on the relationship between law and the public's health that are found scattered in different literature ranging from economic journals to medical journals, journals on addictive behaviors, law reviews, and books. This is the only study to date that has assembled the empirical evidence from many areas ranging from motor vehicle liability and dram shop liability to medical malpractice, products liability as it applies to pharmaceutical products, and medical devices. The Law and Economics of Public Health addresses the fundamental question as to whether or not and the extent to which imposing tort liability on potential injurers improves the public's health. Does the threat of litigation on potential injurers make them exercise more caution? Does insurance coverage counter incentives to be careful? Does the tort system operate as perfectly as the theory would have it? This monograph answers these questions on the basis of empirical evidence. The Law and Economics of Public Health discusses both theory and empirical evidence in several areas of personal injury to which tort liability has been applied. The monograph starts by describing the general law and economics framework used to assess both positive and normative issues relating to tort liability. It then presents the rationale for and empirical evidence on particular applications of tort liability as it applies to personal injury.

 
MIC-020