Article:
Martin H. Redish, Legislative Responses to the Medical
Malpractice Insurance Crisis: Constitutional Implication, 55
TEXAS L. REV. 759 (1977).
Abstract:
The medical malpractice insurance crisis, marked by increasing
insurance rates and decreasing availability of insurance
coverage, has spawned extensive legislative discussion of
procedural reform measures designed to alleviate the crisis.
Professor Redish examines the constitutionality of the major
reform proposals under consideration in the state legislatures.
He concludes that most of the constitutional objections are
insubstantial, and that the wisdom of the proposals as a matter
of public policy is a controversial issue appropriately left for
legislative determination.