A Perspective on Federalism and Medical Malpractice

Abstract

This Article develops an analytical framework by which to assess the appropriate federal role in medical malpractice. It identifies a set of non exhaustive criteria for federal involvement, including: (1) Is there a need for uniformity across states? (2) Are there overriding national interests? (3) Is there consensus on identification of the problem and on the range of potential solutions? (4) Are states actively considering or dealing with the issue? (5) Is there a special federal comparative advantage in addressing the issue? On the basis of these various criteria, I establish a continuum of potential federal involvement and suggest some particular areas appropriate for a constructive federal role.