The methodology for the Lab’s Comparative Medical Accident Liability (“Comp-MAL”) Project begins with identifying a sample of cases in the United States and Italy that is representative and instructive on several levels.
- First, the fact patterns selected should represent the major areas of medical conduct that give rise to malpractice law suits.
- Second, the decisions selected should involve the major types of legal issues that arise in medical malpractice cases.
- Third, the decisions selected should be sufficiently complex on the evidence, in order to comparatively investigate evidence assessment, and not merely rule systems.
