Medical Jurisprudence Commons^™

Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner

UIC Law Review

No abstract provided.

The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born

Vanderbilt Law School Faculty Publications

The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from …

Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian

Touro Law Review

No abstract provided.

Book Review, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Review of the following: lAIN HAY, MONEY, MEDICINE AND MALPRACTICE IN AMERICAN SOCIETY. (Praeger 1992) [244 pp.] Abbreviations, annotated list of personal communications, figures, glossary, index, full legal citations, notes, preface, references, tables. LC 91-38477, ISBN 0-674-13645-4. [Cloth $49.95. P.O. Box 5007, Westwood CT 06881-9990.]

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

Articles

No abstract provided.

Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen

UIC Law Review

No abstract provided.

Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck

Seattle University Law Review

This Article is necessarily a rather selective (for reasons of brevity and reader tolerance) and even subjective attempt to summarize the experience under PPS to date and to suggest some lessons that might be drawn from that experience for the future reform of PPS itself and of payment systems generally. No attempt will be made here to be comprehensive, to explain all the technical details of an inherently and increasingly complex system, nor even to systematically survey the rapidly growing body of literature. But the few issues and themes that clearly stand out will be the focus of most of …

Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost

Seattle University Law Review

This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …

Private Utilization Review, Marvis J. Oehm

Seattle University Law Review

This Article describes the history of private UR and provides illustrations of successes, problems and controversies. The Article concludes with some suggestions and prescriptive advice for those who are likely to encounter UR, either through work with particular clients or directly as part of a private benefit plan.

Comparing Comparative Negligence: Is There A Difference Between The Pure And Modified Forms, 22 J. Marshall L. Rev. 243 (1988), Bruce L. Ottley

UIC Law Review

No abstract provided.

Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack

University of Michigan Journal of Law Reform

Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).

Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith

University of Richmond Law Review

The last major revision of Virginia statutes relating to medical malpractice was in 1976. At that time the General Assembly provided for medical malpractice review panels and mandated a method of reporting medical malpractice claims. These innovations were in response to a perceived medical malpractice crisis in the mid-1970's. A symptom of the crisis was the astronomical rise in the cost of medical malpractice insurance premiums. This increase plagued patients as well as physicians, hospitals, and other health care providers. The higher premiums, of course, were reflected in fees for services rendered by providers. In addition, providers began to practice …

Contracting For No-Fault Liability Insurance Covering Doctors And Hospitals, Jeffrey O'Connell

Maryland Law Review

No abstract provided.

The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson

Indiana Law Journal

No abstract provided.

Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson

UIC Law Review

No abstract provided.

The 1975 Indiana Medical Malpractice Act

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Insurer's Dilemma, Mark W. Gray

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Is Malpractice Insurable?, Geoffrey Segar

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Proposed Cure For The Intervention Blues, Lawrence E. Hard

University of Michigan Journal of Law Reform

This article does not purport to provide a study of the doctrine of subrogation and the merits of that doctrine in the context of insurance coverage. There are several difficult questions which could be raised as to the proper role of subrogation in insurance litigation. This article assumes the propriety of extending the right of subrogation to the type of medical and hospital payment plans offered by the Services and analyses the device of intervention as a method of enforcing the Services' right to contractual subrogation.

Prepayment Health Care Plan Enabling Acts - Are Their Restrictive Features Constitutional?, John M. Campfield

Duquesne Law Review

Illness is something which afflicts the rich as well as the poor, the affluent as well as the downtrodden. It does not choose its host according to social position, educational background, or economic status. In this century the medical sciences and the medical professions have minimized the hazards of illness. Yet the costs of preventing or curing illness, and the financial burden placed upon the victim, persists and grows.

What Should Be In A Malpractice Insurance Policy, Sidney Franklin

Cleveland State Law Review

The malpractice insurance policy, also known as Professional Liability Policy, should precisely delineate the coverage, whether partnership or individual, the exact period of the coverage, the exclusions and limitations, the type of practice, the exact premium and the cancellation procedure.

Insurance -- 1963 Tennessee Survey, Robert N. Covington

Vanderbilt Law Review

1. Definition of "Temporary Substitute Automobile." Defendant issued a public liability policy covering insured's use of a described vehicle (a 1955 Ford) as a taxicab. The policy contained a standard temporary substitute automobile clause, covering a non-owned auto-mobile "while temporarily used as a substitute for the described automobile when withdrawn from normal use because of its break-down, repair, servicing, loss or destruction."

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2. Application of Automobile Policy Liability Limits. A husband and wife (hereinafter H and W) were injured in an accident caused by the insured. In their actions against the insured W was awarded 4,500 dollars and H …

Book Reviews, Henry J. Friendly, Robert B. Mckay, Allan H. Mccoid, Spencer I. Kimball, Wylie H. Davis

Journal of Legal Education

No abstract provided.

Insuring Against Medical Professional Liability, Bernard D. Hirsh

Vanderbilt Law Review

The purpose of this article is to analyze the protection provided in medical professional liability policies. Part I consists of a discussion of some of the factors involved in the purchase of malpractice insurance and an examination of the principal insuring agreements, exclusions, and conditions stated in the standard policy. Part II is a summary of the results of a questionnaire sent by the Law Division of the American Medical Association to insurance companies to determine their opinions regarding insurance coverage in a series of hypothetical cases.

Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy

Michigan Law Review

As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …

Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer

Michigan Law Review

Plaintiff insured had suffered from diabetes since 1932. Defendant insurance company paid disability benefits till 1937 and thereafter refused to make further payments on the ground that plaintiff had refused to avail himself of the insulin and dietary treatment advised by his physician. Such treatment is neither dangerous, painful, nor detrimental to the patient. From an order sustaining plaintiff's demurrer to defendant's answer, defendant appealed. Held, plaintiff's demurrer sustained. The policies as written define the rights and duties of the contracting parties and should be construed as written. The court will not read into policies by operation of law …

Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review

Michigan Law Review

Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …