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Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Can The United States Afford A “No-Fault” System Of Compensation For Medical Injury?, David M. Studdert, Eric J. Thomas, Brett I. W. Zbar, Joseph P. Newhouse, Paul C. Weiler, Jonathon Bayuk, Troyen A. Brennan
Law and Contemporary Problems
One of the key issues separating US critics of a no-fault alternative to the tort system for compensating victims of medical injury from supporters is its anticipated cost. Results from a study are presented that estimate the costs of a no-fault system, one that is similar to the system now in operation in Sweden, within the context of the US health care system.
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Law and Contemporary Problems
Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physician services that are negligently rendered.
The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout
The Road From Medical Injury To Claims Resolution: How No-Fault And Tort Differ, Frank A. Sloan, Kathryn Whetten-Goldstein, Stephen S. Entman, Elizabeth D. Kulas, Emily M. Stout
Law and Contemporary Problems
In the area of medical malpractice, no-fault has been offered as a response to the criticisms leveled against tort litigation for medical injuries. Five issues of no-fault are examined within the context of obstetrical malpractice.
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Administrative Performance Of “No-Fault” Compensation For Medical Injury, Randall R. Bovbjerg, Frank A. Sloan, Peter J. Rankin
Law and Contemporary Problems
"No-fault" is the leading alternative to traditional liability systems for resolving medically caused injuries, and policy interest in such reform reflects numerous concerns with the traditional tort system as it operates in the medical field through malpractice insurance. The administrative experience of the Florida and Virginia no-fault programs is examined.
A Comparative Assessment Of The Piaa Data Sharing Project And The National Practitioner Data Bank: Policy, Purpose, And Application, Lawrence E. Smarr
A Comparative Assessment Of The Piaa Data Sharing Project And The National Practitioner Data Bank: Policy, Purpose, And Application, Lawrence E. Smarr
Law and Contemporary Problems
The nature and scope of the differences between the Data Sharing Project conducted by the Physician Insurers Association of America and the National Practitioner Data Bank operated by the Department of Health and Human Services are examined. The data collection and dissemination projects both capture codified information regarding medical malpractice claims.
The Effects Of Malpractice Pressure And Liability Reforms On Physicians’ Perceptions Of Medical Care, Daniel P. Kessler, Mark B. Mcclellan
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.
Empirical Perspectives On Mediation And Malpractice, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Empirical Perspectives On Mediation And Malpractice, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Law and Contemporary Problems
The use of mediation in the medical malpractice context is examined. The impact of any court-related alternative dispute resolution program is also discussed.
Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus
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.
Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller
Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller
Law and Contemporary Problems
The adaptation of medical discipline in the 21st century is examined by positing that the locus of "disciplining" doctors has already begun to gravitate away from traditional government licensure and medical malpractice litigation toward purchasers of medical services.