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The Medical Malpractice Myth. By Tom Baker. Chicago and London: University of Chicago Press, 2005. Pp. 222. $22.50 cloth; $14.00 paper.
Reviewed by Sarah Jain, Stanford University
With The Medical Malpractice Myth, Tom Baker has contributed a lucid and detailed account of the dual problems of medical error and medical malpractice law in the United States. Drawing on, and carefully outlining and explaining, dozens of studies related to medical malpractice, Baker argues against what he calls the "medical malpractice myth." This myth, ubiquitous in the media and as common knowledge, according to Baker, claims that medical malpractice costs are skyrocketing and driving doctors out of the profession, that plaintiffs sue frivolously, and that undeserving claimants win millions of dollars. Baker's "mission" is to reframe "the public discussion about medical malpractice lawsuits" (p. 19).
In fact, Baker argues that the real social problem is too much medical malpractice, not too much litigation. Indeed, as many studies corroborate, the vast majority of those who suffer medical malpractice do not sue. Furthermore, medical malpractice insurance premiums are cyclical; it is not litigation that drives these cycles, but rather financial trends and competitive behavior among insurance companies. While undeserving people do sometimes bring...