Recent proposed federal and state legislation seeks to allow health plans to be sued on the grounds of physician negligence or of refusal to allow a course of treatment. Supporters of the proposals hold that this expanded liability is necessary because market forces are insufficient to ensure a sufficiently high level of health care. Opponents argue that expanded liability will bankrupt health plans and drive them out of business, leading to further government regulation of the industry. The debate between two leading authorities, Richard Epstein and Donald Palmisano, will shed light on this vital issue.