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The Johns Hopkins Medical Institutions
Sixty percent of malpractice premiums paid by obstetricians go to cover suits for alleged birth-related cerebral palsy (CP). Yet substantially less than half of that money goes to CP victims, and less than 10 percent of children with CP receive any compensation at all from tort suits. This paper proposes a system that would compensate all children born with CP for most handicap-related expenses, in exchange for which the children would be foreclosed from bringing suits alleging birth-related malpractice. Malpractice would be policed by a state board, which would investigate all CP cases. This proposal would be more equitable than current systems. It would also be less expensive, since it would avoid costly litigation and decrease the cost of obstetrical malpractice insurance.
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  J. M. FREEMAN and A. D. FREEMAN Cerebral Palsy and the 'Bad Baby' Malpractice Crisis: New York State Shines Light Toward the End of the Tunnel Arch Pediatr Adolesc Med, June 1, 1992; 146(6): 725 - 727. [Abstract] [PDF]
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 R. R. Bovbjerg, L. R. Tancredi, and D. S. Gaylin Obstetrics and Malpractice: Evidence on the Performance of a Selective No-Fault System JAMA, June 5, 1991; 265(21): 2836 - 2843. [Abstract] [PDF]
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