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Duke Law

1997

Health care delivery

Articles 1 - 3 of 3

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The Effects Of Malpractice Pressure And Liability Reforms On Physicians’ Perceptions Of Medical Care, Daniel P. Kessler, Mark B. Mcclellan Jan 1997

The Effects Of Malpractice Pressure And Liability Reforms On Physicians’ Perceptions Of Medical Care, Daniel P. Kessler, Mark B. Mcclellan

Law and Contemporary Problems

Considerable evidence suggests that the medical malpractice liability system neither provides compensation to patients who suffer negligent medical injury nor seeks to penalize physicians whose negligence causes patient injury. The relationship between liability reforms, malpractice pressure and physician perceptions of medical care is examined.


Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph Jan 1997

Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph

Law and Contemporary Problems

It is asserted that alternative dispute resolution methods, particularly mandatory binding arbitration agreements, have become the rule in health care delivery. A study was conducted to ascertain how widespread mandatory arbitration agreements between health plans and providers and their enrollees and patients really are, to assess how decisions regarding their use are made and to evaluate the prospects of their future use.


Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus Jan 1997

Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus

Law and Contemporary Problems

It is hypothesized that mediation in either a fault-based or a no-fault environment can make claims resolution more efficient and simultaneously promote quality improvement in health care more effectively than does the litigation/settlement process.