Avoidability: An alternative standard for medical liability

By S. Jay Jayasankar, MD

Will adopting a different standard help?

Medical liability systems aim to compensate the injured, deter and/or prevent recurrence of the error, and deliver corrective justice. Negligence, the U.S. standard for liability, is established through an adversarial litigation system that is costly and emotionally demanding to all, takes an average of 5 years for resolution, and achieves these aims poorly.

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