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Full-Text Articles in Law
The Critical Condition Of The Emergency Medical Treatment And Active Labor Act: A Proposed Amendment To The Act After "In The Matter Of Baby K", Scott B. Smith
The Critical Condition Of The Emergency Medical Treatment And Active Labor Act: A Proposed Amendment To The Act After "In The Matter Of Baby K", Scott B. Smith
Vanderbilt Law Review
Congress enacted the Emergency Medical Treatment and Active Labor Act ('EMTALA" or "the Act") in 1986 to prevent hospi- tals from "dumping" patients due to an improper economic motive. Patient dumping occurs when a hospital emergency room either refuses to admit an indigent and uninsured patient with an emergency condition or improperly transfers this patient to another hospital. Congress enacted EMTALA in response to the widespread practice of hospitals dumping indigent and uninsured patients. Yet despite the Act's explicit legislative intent to prevent patient dumping, the language of EMTALA extends protection to "any individual" who enters a hospital's emergency room. …
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Vanderbilt Law School Faculty Publications
This article examines the effect of the liability reforms on medical malpractice insurance over the 1984-91 period. This is the first study to use data by firm and by state for every firm writing medical malpractice insurance over that time period. The liability reforms increased insurance profitability (that is, decreased the loss ratios), where the main mechanism of influence was through decreasing losses. The quantile regression estimates imply that the greatest effects of liability reform are on the most unprofitable firms and that the effect is not uniform across the entire market. This pattern is consistent with the other principal …