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What Lessons Should We Learn from the First Malpractice Crisis of the Twenty-first Century?


We have just emerged from the first malpractice crisis of the twenty-first century, and the third malpractice crisis in the past three decades. This Article highlights five lessons that scholars, policy analysts, and legislators should take away from the most recent crisis. My modest hope is that this analysis will provide a toolkit for informing the policy debate when we have our next crisis—which given the turmoil in the financial markets, may well occur sooner rather than later.