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Articles 1 - 30 of 59
Full-Text Articles in Law
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Faculty Scholarship
No abstract provided.
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.
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee
Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee
Faculty Scholarship
No abstract provided.
Patient Negligence, Michele Goodwin, L. Song Richardson
Patient Negligence, Michele Goodwin, L. Song Richardson
Law and Contemporary Problems
No abstract provided.
Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar
Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar
Faculty Scholarship
Juries in medical malpractice trials are viewed as incompetent, anti-doctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled …
Marsingill V. O’Malley: The Duty To Disclose Becomes The Duty To Divine, Douglas E. Hutchinson
Marsingill V. O’Malley: The Duty To Disclose Becomes The Duty To Divine, Douglas E. Hutchinson
Alaska Law Review
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.
The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde
The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde
Alaska Law Review
No abstract provided.
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Duke Law Journal
No abstract provided.
Can A California Litigant Prevail In An Action For Legal Malpractice Based On An Attorney’S Oral Argument Before The United States Supreme Court?, Krista M. Enns
Duke Law Journal
No abstract provided.
Assignability Of Legal Malpractice Claims, Jennifer K. Mcdannell
Assignability Of Legal Malpractice Claims, Jennifer K. Mcdannell
Alaska Law Review
No abstract provided.
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.
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.
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.
Protecting The Physician In Hiv Misdiagnosis Cases, Caitlin A. Schmid
Protecting The Physician In Hiv Misdiagnosis Cases, Caitlin A. Schmid
Duke Law Journal
No abstract provided.
Malpractice Immunity: An Illegitimate And Ineffective Response To The Indigent-Defense Crisis, Harold H. Chen
Malpractice Immunity: An Illegitimate And Ineffective Response To The Indigent-Defense Crisis, Harold H. Chen
Duke Law Journal
No abstract provided.
Empirical Evidence On The Deep Pockets Hypothesis: Jury Awards For Pain And Suffering In Medical Malpractice Cases, Neil Vidmar
Empirical Evidence On The Deep Pockets Hypothesis: Jury Awards For Pain And Suffering In Medical Malpractice Cases, Neil Vidmar
Duke Law Journal
No abstract provided.
Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie
Alaska’S Medical Malpractice Expert Advisory Panel: Assessing The Prognosis, Jonathan Scott Aronie
Alaska Law Review
No abstract provided.
Alternative Dispute Resolution Strategies In Medical Malpractice, Thomas B. Metzloff
Alternative Dispute Resolution Strategies In Medical Malpractice, Thomas B. Metzloff
Alaska Law Review
No abstract provided.
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.