Volume 29

The Economics of Injustice: Stratification in Medical Malpractice Claims by Poor and Vulnerable Patients

by Cassidy Viser

The legislative wrangling over tort reform often frames the debate in purely economic terms, pitting medical providers against patients perceived to be litigious. The downstream effects of physicians’ perceptions of patients’ likeliness to sue has insidious consequences for those patients’ care, especially when those perceptions do not align with reality. This Note considers the intersections between medical malpractice claims and vulnerable populations of patient groups, and analyzes the effects of misplaced physician attitudes towards those groups on their care.

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