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1991

Law and Contemporary Problems

Medical personnel

Articles 1 - 14 of 14

Full-Text Articles in Law

Practice Guidelines As Legal Standards Governing Physician Liability, Clark C. Havighurst Apr 1991

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 Apr 1991

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 Apr 1991

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 Apr 1991

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 Apr 1991

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 Apr 1991

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.


The Defensive Effect Of Medical Practice Policies In Malpractice Litigation, Mark A. Hall Apr 1991

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.


Medical Malpractice Risk Management Early Warning Systems, Orley H. Lindgren, Ronald Christensen, Don Harper Mills Apr 1991

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 Apr 1991

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.


Resolving Malpractice Disputes: Imaging The Jury’S Shadow, Thomas B. Metzloff Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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.