Closing Death's Door: Legal Innovations to End the Epidemic of Healthcare Harm

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Michael J. Saks (Regents' Professor of Law and Psychology, Regents' Professor of Law and Psychology, Sandra Day O'Connor College of Law, Arizona State University) Stephan Landsman (Emeritus Professor of Law, Emeritus Professor of Law, DePaul College of Law)

Closing Death's Door

Legal Innovations to End the Epidemic of Healthcare Harm

Michael J. Saks (Regents' Professor of Law and Psychology, Regents' Professor of Law and Psychology, Sandra Day O'Connor College of Law, Arizona State University), Stephan Landsman (Emeritus Professor of Law, Emeritus Professor of Law, DePaul College of Law)

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English

Oxford University Press Inc
10 July 2020

Criminal or forensic psychology; Medical & healthcare law; Torts Law; Public health & preventive medicine

After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year.

The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital's insurer.

Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death's Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation's struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.

By: Michael J. Saks (Regents' Professor of Law and Psychology Regents' Professor of Law and Psychology Sandra Day O'Connor College of Law Arizona State University), Stephan Landsman (Emeritus Professor of Law, Emeritus Professor of Law, DePaul College of Law)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 157mm, Width: 236mm, Spine: 36mm
Weight: 612g
ISBN: 9780190667986
ISBN 10: 0190667982
Pages: 352
Publication Date: 10 July 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Michael Saks is a Regents' Professor in the Sandra Day O'Connor College of Law and Department of Psychology at Arizona State University. He is also a faculty fellow with the Center for Law, Science and Innovation at ASU. His research interests focus on empirical studies of law and the legal system, especially decision-making in the legal process, evidence law, the law's use of science, the behavior of the litigation system, and legal policy affecting medical patient safety. Stephan Landsman is Emeritus Professor of Law and Organizer and Director of the Clifford Symposium on Tort Law and Social Policy at the DePaul University College of Law. He is a nationally renowned expert on the civil jury system, and through his ongoing study of the American jury has become a leader in applying social science methods to legal problems.

Reviews for Closing Death's Door: Legal Innovations to End the Epidemic of Healthcare Harm

This book is a must read for anyone seriously interested in patient safety. They put to rest the false claim that medical malpractice reform holds out any promise for patient safety, and they explain how to lay the groundwork for reforms that would reduce the harm to patients. Tom Baker, William Maul Measey Professor of Law and Health Sciences, University of Pennsylvania and author of The Medical Malpractice Myth. Saks and Landsman have written the definitive synthesis of the empirical and theoretical literatures on medical malpractice liability and patient safety, and have done so in delightful prose and using examples that will all readers will find engaging. Time for the rest of us who toil in these fields to move on to other things. -Charles Silver, Roy W. and Eugenia C. McDonald Endowed Chair in Civil Procedure, School of Law, University of Texas at Austin