Tort Regimes and Reproductive Health Regimes
This chapter explores theories about how laws and organizations influence each other. First, the chapter explores the purpose of tort laws and the goals of the tort reform movement and uses them to define provider-friendly and patient-friendly tort regimes. An analysis of the effects of tort laws on obstetric malpractice lawsuits illustrates that, contrary to expectations, the rate of lawsuits is higher in states where tort reforms have reduced healthcare providers’ liability risk. The chapter then uses reproductive justice theory to examine reproductive health laws that govern contraception, abortion, midwifery, prenatal substance use, and fetal rights. These laws define fetus-centered and woman-centered reproductive rights regimes.
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