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Full-Text Articles in Law
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman
Law and Contemporary Problems
Liebman reviews two recent studies evaluating the use of interest-based mediation to resolve medical malpractice claims. The first studied cases brought against the New York City Health and Hospitals Corporation, and the second, Mediating Suits against Hospitals, studied cases brought against private New York City hospitals. How non-participation of physicians in mediations diminishes opportunities to achieve noneconomic goals that plaintiffs desire is analyzed.
Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello
Rationalizing Noneconomic Damages: A Health-Utilities Approach, David M. Studdert, Allen Kachalia, Joshua A. Salomon, Michelle M. Mello
Law and Contemporary Problems
Studdert et al examine why making compensation of noneconomic damages in personal-injury litigation more rational and predictable is socially valuable. Noneconomic-damages schedules as an alternative to caps are discussed, several potential approaches to construction of schedules are reviewed, and the use of a health-utilities approach as the most promising model is argued. An empirical analysis that combines health-utilities data created in a previous study with original empirical work is used to demonstrate how key steps in construction of a health-utilities-based schedule for noneconomic damages might proceed.
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee
Law and Contemporary Problems
Holman et al draw attention to the frequent and complicated evidentiary problems in medical malpractice claims and the procedural mechanisms provided by statutes, court rules, and case law that are already in place to facilitate claim resolution. While proposed alternative dispute resolution (ADR) procedures might well provide better resolutions to medical malpractice claims, they must take into consideration both the unique characteristics of medical malpractice disputes and existing mechanisms for resolving these disputes. The profile of the settlements of Florida medical-malpractice claims provides a structure with which any proposals for ADR must contend.
Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy
Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy
Law and Contemporary Problems
Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.
Patient Negligence, Michele Goodwin, L. Song Richardson
Patient Negligence, Michele Goodwin, L. Song Richardson
Law and Contemporary Problems
No abstract provided.
Medical Malpractice Overseas: The Legal Uncertainty Surrounding Medical Tourism, Philip Mirrer-Singer
Medical Malpractice Overseas: The Legal Uncertainty Surrounding Medical Tourism, Philip Mirrer-Singer
Law and Contemporary Problems
Mirrer-Singer explores some of the legal uncertainty surrounding medical tourism specifically in ways medical tourists can seek relief in US courts for malpractice committed abroad and explains why courts probably lack jurisdiction over foreign physicians who have allegedly committed malpractice. Among other things, he discusses theories under which US firms in the medical-tourism business could be held liable for the foreign provider's negligence.
Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.
Distributive Justice In Pharmaceutical Torts: Justice Where Justice Is Due?, Chen-Sen Wu M.D., J.D.
Law and Contemporary Problems
Chen-Sen Wu concludes that, until empirical evidence clarifies the net distributive impact of pharmaceutical torts, the capacity for tort reform to rectify distributive injustices in health care will remain far from obvious.
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.
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.
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.
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.
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst
Law and Contemporary Problems
The utility of medical practice guidelines in the law of medical malpractice was studied. Contrary to the views of most physicians and policy makers, practice guidelines should be allowed to evolve in a pluralistic fashion.
S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff
S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff
Law and Contemporary Problems
S. 1232, the "Medical Injury Compensation Fairness Act of 1991, is discussed. S. 1232 may be too innovative to be enacted in its present form, but there is immense potential for combining its encouragement of private reform of poorly designed, cost-increasing malpractice rights with other federal proposals that seek to make good-quality health care accessible to all Americans at reasonable cost.
Legal Responses To Patient Injury: A Future Agenda For Research And Reform, Walter J. Wadlington
Legal Responses To Patient Injury: A Future Agenda For Research And Reform, Walter J. Wadlington
Law and Contemporary Problems
No abstract provided.
Rethinking Responsibility For Patient Injury: Accelerated-Compensation Events, A Malpractice And Quality Reform Ripe For A Test, Laurence R. Tancredi, Randall R. Bovbjerg
Rethinking Responsibility For Patient Injury: Accelerated-Compensation Events, A Malpractice And Quality Reform Ripe For A Test, Laurence R. Tancredi, Randall R. Bovbjerg
Law and Contemporary Problems
The accelerated-compensation events (ACE) approach in medical malpractice reform was studied. Reforms based on ACE best address the twin goals of making compensation more equitable and avoiding bad outcomes in medical care.
Do Hospital Risk Management Programs Make A Difference?: Relationships Between Risk Management Program Activities And Hospital Malpractice Claims Experience, Laura L. Morlock, Faye E. Malitz
Do Hospital Risk Management Programs Make A Difference?: Relationships Between Risk Management Program Activities And Hospital Malpractice Claims Experience, Laura L. Morlock, Faye E. Malitz
Law and Contemporary Problems
No abstract provided.
Risk Factors For Hospital Malpractice Exposure: Implications For Managers And Insurers, Harold S. Luft, Patricia P. Katz, Douglas G. Pinney
Risk Factors For Hospital Malpractice Exposure: Implications For Managers And Insurers, Harold S. Luft, Patricia P. Katz, Douglas G. Pinney
Law and Contemporary Problems
The possibility of identifying certain variables that might serve as predictors of above- or below-average medical malpractice claims experience was explored. Results showed that it is possible to identify significant risk factors.
Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills
Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills
Law and Contemporary Problems
The effectiveness of early warning systems that are based on incident of occurrence reports in improving medical malpractice claims processing and outcomes was studied. Results showed that malpractice claims established on the basis of early warning incident reports not only involve the full range of injury severity, but also identify claims warranting substantial indemnity payments.
Merit Rating For Physicians’ Malpractice Premiums: Only A Modest Deterrent, John E. Rolph
Merit Rating For Physicians’ Malpractice Premiums: Only A Modest Deterrent, John E. Rolph
Law and Contemporary Problems
Results of a study showed that the "targeting" of malpractice-prone physicians from past paid-claims histories is only moderately accurate. It is possible, however, to gather more detailed information about physicians in addition to claims history and premium class that might lead to a more accurate prospective identification of those who will incur future paid claims.
The Defensive Effect Of Medical Practice Policies In Malpractice Litigation, Mark A. Hall
The Defensive Effect Of Medical Practice Policies In Malpractice Litigation, Mark A. Hall
Law and Contemporary Problems
The theoretical prospects for medical practice policies to reform malpractice law by giving conclusive defensive effect to medical custom were studied. A practice policy, however rigorous, is of no use if the nature of the claimed error is either incorrect performance of the treatment in question or failure to recognize the correct practice policy to employ by virtue of a falure in diagnosis.
Resolving Malpractice Disputes: Imaging The Jury’S Shadow, Thomas B. Metzloff
Resolving Malpractice Disputes: Imaging The Jury’S Shadow, Thomas B. Metzloff
Law and Contemporary Problems
The ability of juries to resolve malpractice suits was studied. Results showed that most of the time, jury outcomes represent a fair resolution of the claim, but the risk that the result will not be fair is real and troubling.
Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh
Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh
Law and Contemporary Problems
A study analyzed the civil jury system and the difference in personal injury awards between automobile and "deep-pocket" defendants, especially in medical malpractice cases. Six conclusions were reached, including the finding that juries sometimes respond emotionally and award some objectively similar cases higher damages than others.
Cost And Compensation Of Injuries In Medical Malpractice, Frank A. Sloan, Stephen S. Van Wert
Cost And Compensation Of Injuries In Medical Malpractice, Frank A. Sloan, Stephen S. Van Wert
Law and Contemporary Problems
Compensation determinations for victims of medical malpractice were studied. Results showed that for birth-related and emergency room cases of permanent injury in Florida, a claimant receiving much more than economic loss in compensation more nearly appears to be the exception than the norm.
The Medical Malpractice Crisis: A Comparative Empirical Perspective, Donald N. Dewees, Michael J. Trebilcock, Peter C. Coyte
The Medical Malpractice Crisis: A Comparative Empirical Perspective, Donald N. Dewees, Michael J. Trebilcock, Peter C. Coyte
Law and Contemporary Problems
The results of a detailed empirical study of the Canadian medical malpractice experience are presented. Policy perspectives on the so-called medical malpractice crisis need to be much more broadly cast than the overwhelming preoccupation with tort reform issues that have dominated policy debates to this juncture.
Indiana’S Malpractice System: No-Fault By Accident?, Eleanor D. Kinney, William P. Gronfein
Indiana’S Malpractice System: No-Fault By Accident?, Eleanor D. Kinney, William P. Gronfein
Law and Contemporary Problems
Indiana's medical malpractice tort and insurance reforms were studied. The analysis showed that relatively subtle administrative arrangements for the management of claims at the state level may influence whether claimants are treated fairly by a system that is tightly structured to control claim severity and thus the price and availability of malpractice insurance for providers.
Researching Litigation: The Medical Malpractice Example, Thomas B. Metzloff
Researching Litigation: The Medical Malpractice Example, Thomas B. Metzloff
Law and Contemporary Problems
No abstract provided.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.
Law and Contemporary Problems
No abstract provided.
Private Reform Of Tort-Law Dogma: Market Opportunities And Legal Obstacles, Clark C. Havighurst
Private Reform Of Tort-Law Dogma: Market Opportunities And Legal Obstacles, Clark C. Havighurst
Law and Contemporary Problems
No abstract provided.
Designing A No-Fault Alternative, Laurence R. Tancredi
Designing A No-Fault Alternative, Laurence R. Tancredi
Law and Contemporary Problems
No abstract provided.