Bridging the Relational-Regulatory Gap: A Pragmatic Information Policy for Patient Safety and Medical Malpractice

Sage, W, J Graff Zivin, and N Chase, “Bridging the Relational-Regulatory Gap: A Pragmatic Information Policy for Patient Safety and Medical Malpractice,” Vanderbilt Law Review, 59(2006): 1263-1308.

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Malpractice information policy takes many forms and is designed to accomplish a multitude of objectives. This article distinguishes and explores three categories of information use. 1) Helping patients understand and participate in their care; 2) Improving patient safety, including analyzing medical errors and identifying unsafe health care providers and practices; and 3) Assessing the performance of the medical liability system in its many dimensions including deterrence, compensation, justice, administrative efficiency, and stability. For each category, we comment on existing laws or programs for information reporting or disclosure, point out major tensions or ambiguities, and suggest pragmatic improvements.