The determinants of medical malpractice incidents: Theory of contingency fees and empirical evidence

1979 ◽  
Vol 7 (2) ◽  
pp. 59-65 ◽  
Author(s):  
Roger Feldman
Author(s):  
Jonathan Klick ◽  
Max M. Schanzenbach

This chapter offers an empirical analysis of fiduciary law, focusing on whether fiduciaries react to changes in fiduciary standards and which fiduciary rules maximize social welfare. Empirical studies of fiduciary law across three areas are discussed: corporate governance, fiduciary investment, and medical malpractice. The chapter considers fiduciary principles in corporate governance by looking at the duties of care and loyalty, citing empirical evidence implying that fiduciary duties in the corporate governance context influence corporate decision-making. It also examines the law of fiduciary investment, drawing on empirical evidence across three key areas: the implementation of the Prudent Investor Rule in private trusts, management of charitable trusts and prudent distributions, and the consequences of potentially conflicted advice to retirement savers. Finally, it explores the duty of care in the context of medical provider-patient relationships and the duty of loyalty in physician-client relationships.


2019 ◽  
Vol 42 ◽  
Author(s):  
Mirko Uljarević ◽  
Giacomo Vivanti ◽  
Susan R. Leekam ◽  
Antonio Y. Hardan

Abstract The arguments offered by Jaswal & Akhtar to counter the social motivation theory (SMT) do not appear to be directly related to the SMT tenets and predictions, seem to not be empirically testable, and are inconsistent with empirical evidence. To evaluate the merits and shortcomings of the SMT and identify scientifically testable alternatives, advances are needed on the conceptualization and operationalization of social motivation across diagnostic boundaries.


2020 ◽  
Vol 43 ◽  
Author(s):  
John Corbit ◽  
Chris Moore

Abstract The integration of first-, second-, and third-personal information within joint intentional collaboration provides the foundation for broad-based second-personal morality. We offer two additions to this framework: a description of the developmental process through which second-personal competence emerges from early triadic interactions, and empirical evidence that collaboration with a concrete goal may provide an essential focal point for this integrative process.


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