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Full-Text Articles in Law

A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie Oct 1989

A Fault-Based Administrative Alternative For Resolving Medical Malpractice Claims, Kirk B. Johnson, Carter G. Phillips, David Orentlicher Orentlicher M.D., Martin S. Hatlie

Vanderbilt Law Review

The recurring crises in medical malpractice litigation have been widely discussed and documented over the past two decades.' In response to these crises, a growing consensus has emerged among legislatures, government agencies, and scholars in favor of tort reform. Indeed, virtually every state has passed some tort reform legislation.'Despite the reforms, several serious problems persist in medical malpractice. The current tort system does not compensate injured patients adequately or equitably, nor does it deter negligent practices sufficiently. These failings occur despite the increasingly high costs to society of the tort system. Particularly troublesome is the impact of these crises on …


Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin Jan 1989

Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin

Journal of Law and Health

This article will review the societal and individual costs of the present medical malpractice system, analyze current efforts to reform the system, and propose several alternatives for consideration. These alternatives include expanding the use of alternative dispute resolution, reformulating the doctor/patient relationship, expanding the scope of conventional hospital risk management and modifying the manner in which medical malpractice insurance is presently provided.


The Medical Malpractice Imbroglio: A Non-Adversarial Suggestion, Elliott M. Abramson Jan 1989

The Medical Malpractice Imbroglio: A Non-Adversarial Suggestion, Elliott M. Abramson

Kentucky Law Journal

No abstract provided.