Related Experiment Video
Updated: Aug 15, 2026

Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care
Published on: February 16, 2011
Nursing home litigation and tort reform: a case for exceptionalism
David M Studdert1, David G Stevenson
1Department of Health Policy and Management, Harvard School of Public Health, Boston, MA 02115, USA. studdert@hsph.harvard.edu
Abstract:
The medical malpractice crisis that is currently spreading across the United States bears many similarities to earlier crises. One novel aspect of the current crisis is the explicit inclusion of litigation against nursing homes as a target of reform. Encouraged by the nursing home industry, policymakers are considering the extension of conventional medical malpractice tort reforms to the nursing home sector. In this article, we caution against such an approach. Nursing home litigation has a number of distinctive features that raise serious questions about the wisdom of implementing reforms generically across the care continuum. Drawing on findings from our previous study of nursing home litigation, we outline these features and argue for careful attention to them as policymakers evaluate options for reform.
Related Concept Videos
Ethical Issues
Ethical Concerns in Healthcare:
Standards of Care I
Standards of Care II
Torts I
Intentional...
Torts II
Torts III
Quasi-intentional torts in healthcare involve acts where intent is not directed to harm an individual but results in harm due to careless or reckless speech.