This is a groundbreaking study on how to properly implement medical malpractice law and tort reform, without passing new laws, but putting the responsibility back in the hands of the people. This book discusses several important topics. Firstly, the book analyzes the limits of tort law; the problems with Australian law on the negligent failure to disclose medical risks and the merits of no-fault compensation schemes. Then it studies the importance of the elimination of medical error and the adoption of sound and comprehensive risk management principles; apologies and open disclosure in medicine. It also discusses the relationship between expert evidence and medical malpractice litigation. Guiding these essays is an explicit legal skepticism. The book centers on the belief in the limits of legal argument as well as the belief in the social undesirability of resource to legal rules to deal with the problems of life. The position is sympathetic to the arguments of a number of critics of America law such as Catherine Crier and Philip K. Howard who see Anglo-American culture as asking too much of "the Law."
Often the turn to the law attempts to replace responsibility, judgment, innovation and reason by an appeal to legal rules.