Edward Dauer

• University of Denver

Almost no one is happy with malpractice liability, the traditional Anglo–American system for dealing with complaints about medical injury. To its more trenchant critics it is inefficient, ineffective, inaccurate and, what matters most, it is structurally inconsistent with the fundaments of quality improvement and future patient safety.1 It is, in a...

Dissatisfaction with the costs and performance of the medical malpractice sys-tem has led to interest in far-reaching liability reform. Proposals for experimen-tation with administrative compensation systems for medical injury, known as "health courts," have caught the attention of state and federal policymakers. The health courts model proposes an...

Negotiation is the most important tool that a chief medical officer, or any physician leader, can possess. Here are some tips and insights on ways to improve your negotiation skills.

Unlike Canada's medical malpractice system, patients in New Zealand who are dissatisfied with the quality of their care may choose between 2 well-established medicolegal paths: one leads to monetary compensation and the other to nonmonetary forms of accountability. We compared the forms of accountability sought by patients and families in New Zeala...

There is a remarkable resonance between recent findings about medical malpractice litigation and theories about the evolution of co-operation and reciprocity among humans. This should not be altogether surprising: theories of reciprocity seek to explain the behaviours we exhibit when we interact to punish or confer benefits on each other; while civ...

Health care has undergone radical changes, and it may be predicted that further changes are in the offing as the burdens and the benefits of the newer configurations become known. Change in any system stresses it, creating opportunities for conflict as people and organizations adjust to new realities and encounter changed expectations. The opportun...

In this Preface, the guest editors of this special theme issue describe the new therapeutic jurisprudence–preventive law model that the issue illustrates and analyzes. They also discuss the organization of the special issue and summarize its contents. Finally, they discuss the significance of the special issue to lawyers, legal educators, and psych...

Therapeutic jurisprudence (TJ) and preventive law (PL) are at once bodies of legal scholarship and professional movements that ask lawyers to reshape if not to redirect their practices. The articles that comprise this special theme issue illustrate not only how valuable or even necessary that reshaping can be; they also show how challenging it may...

In this Preface, the guest editors of this special theme issue describe the new therapeutic jurisprudence–preventive law model that the issue illustrates and analyzes. They also discuss the organization of the special issue and summarize its contents. Finally, they discuss the significance of the special issue to lawyers, legal educators, and psych...