Document Type

Book Review


Mention the term "health law" to the average person, including most attorneys and health professionals, and one will immediately conjure up visions of medical malpractice litigation. Private lawsuits brought by individual patients seeking monetary damages from their health care providers based on alleged breach of professional duty have been a part of this nation's legal and social landscape for a considerable time. The prosecution and defense of such claims has kept a substantial number of attorneys quite gainfully occupied. Medical malpractice continues today to be an increasingly prolific area of legal activity, owing to factors like the ever-growing organizational and technological complexity and impersonality of health care delivery, the escalating costs of obtaining health care, and generally more demanding public attitudes fostered by the civil rights and consumer movements-and their triumphs--of the past quarter century. New legal theories, unthought of just a few years ago, such as "wrongful life" and "corporate liability," are now routinely argued, and in many cases accepted, bases for imposing financial liability upon individual and institutional health care providers. Malpractice litigation continues to be a major and expanding source of legal employment.


Marshall B. Kapp is an Assistant Professor, Department of Medicine in Society, Wright State University School of Medicine, Adjunct Professor of Law, University of Dayton School of Law. B.A. Johns Hopkins University (1971); J.D. (With Honors) George Washington University (1974); M.P.H. Harvard University (1978).

Publication Date


Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.