Libertarians, Medical Malpractice and Contract | Cato @ Liberty

Interesting think piece on pre-arranged medmal arrangements, and why they won’t currently work…


The one signal fact about the American court system is that, paternalistically, it generally refuses to enforce contractual arrangements of this sort. No matter how well spelled out in advance, courts will not enforce the disclaimer of liability or apply the agreed-on damage limit. You will instead get the malpractice coverage that courts and lawmakers deign to prescribe for you, not the coverage you and your medical provider might have chosen yourselves.

via Libertarians, Medical Malpractice and Contract | Cato @ Liberty.


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