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| economic damages medical malpractice: Medical Malpractice Litigation Bernard S. Black, David A. Hyman, Myungho Paik, William M. Sage, Charles Silver, 2021-04-27 Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime. —Nicholas Bagley, professor of law, University of Michigan Law School Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward. —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system. |
| economic damages medical malpractice: Defensive Medicine and Medical Malpractice , 1994 |
| economic damages medical malpractice: Medical Care Law Edward P. Richards, Katharine C. Rathbun, 1999 A legal reference for practicing physicians is a necessary adjunct to their professional practice library in today's highly regulated and litigious world. Medical Care Law was written to help practicing physicians avoid legal conflicts, and to prevent legal problems rather than treat them. Written with the practicing physician in mind, this book is also valuable to a variety of health professionals, including physician executives, medical directors, nurse administrators, advanced practice nurses, case managers, risk managers, legal nurse consultants, health care administrators, public health professionals, and attorneys. In addition To The traditional legal issues affecting medical practitioners, Medical Care Law addresses the legal pitfalls in today's volatile health care landscape, including managed care, health care fraud and abuse, compliance plans, and working with non-physician providers. |
| economic damages medical malpractice: The Medical Malpractice Myth Tom Baker, 2011-03 n January 2005, President Bush declared the medical malpractice liability system out of control.The president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, direct... |
| economic damages medical malpractice: Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings Dobrochna Bach-Golecka, 2021-05-16 The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law. |
| economic damages medical malpractice: Medical Malpractice Frank A. Sloan, Lindsey M. Chepke, 2010-08-13 A comprehensive analysis of medical malpractice from legal, medical, economic, and insurance perspectives that considers why past efforts at reform have not worked and offers recommendations for realistic, achievable policy changes. Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes—legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice. |
| economic damages medical malpractice: Report of the Task Force on Medical Liability and Malpractice United States. Department of Health and Human Services. Task Force on Medical Liability and Malpractice, 1987 |
| economic damages medical malpractice: Prenatal Care Institute of Medicine, Division of Health Promotion and Disease Prevention, Committee to Study Outreach for Prenatal Care, 1988-02-01 Prenatal care programs have proven effective in improving birth outcomes and preventing low birthweight. Yet over one-fourth of all pregnant women in the United States do not begin prenatal care in the first 3 months of pregnancy, and for some groupsâ€such as black teenagersâ€participation in prenatal care is declining. To find out why, the authors studied 30 prenatal care programs and analyzed surveys of mothers who did not seek prenatal care. This new book reports their findings and offers specific recommendations for improving the nation's maternity system and increasing the use of prenatal care programs. |
| economic damages medical malpractice: Insuring Medical Malpractice Frank A. Sloan, Randall A. Bovbjerg, Penny B. Githens, 1991-09-26 The cost of malpractice insurance to physicians has been increasing in recent years, as has the threat to physicians of being sued. This book describes and analyzes the workings of the market for physicians' liability insurance. The authors use their own data and other sources to study questions such as: Is the market for medical malpractice insurance competitive? Has the profitability of medical malpractice insurance been excessive? Why do malpractice insurers demand reinsurance? What effect has insurance regulation had on premiums? And it explores what experience rating is and how it is done. |
| economic damages medical malpractice: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| economic damages medical malpractice: Advances in Patient Safety Kerm Henriksen, 2005 v. 1. Research findings -- v. 2. Concepts and methodology -- v. 3. Implementation issues -- v. 4. Programs, tools and products. |
| economic damages medical malpractice: A Measure of Malpractice Paul C. Weiler, 1993 A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care. |
| economic damages medical malpractice: Improving Diagnosis in Health Care National Academies of Sciences, Engineering, and Medicine, Institute of Medicine, Board on Health Care Services, Committee on Diagnostic Error in Health Care, 2015-12-29 Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety. |
| economic damages medical malpractice: Principles and Practice of Forensic Psychiatry Richard Rosner, Charles Scott, 2017-02-03 The third edition of this award-winning textbook has been revised and thoroughly updated. Building on the success of the previous editions, it continues to address the history and practice of forensic psychiatry, legal regulation of the practice of psychiatry, forensic evaluation and treatment, psychiatry in relation to civil law, criminal law and family law, as well as correctional forensic psychiatry. New chapters address changes in the assessment and treatment of aggression and violence as well as psychological and neuroimaging assessments. |
| economic damages medical malpractice: The Medical-Legal Aspects of Acute Care Medicine James E. Szalados, 2021-04-02 The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a comprehensive resource intended to provide a state-of-the-art overview of complex ethical, regulatory, and legal issues of importance to clinical healthcare professionals in the area of acute care medicine; including, for example, physicians, advanced practice providers, nurses, pharmacists, social workers, and care managers. In addition, this book also covers key legal and regulatory issues relevant to non-clinicians, such as hospital and practice administrators; department heads, educators, and risk managers. This text reviews traditional and emerging areas of ethical and legal controversies in healthcare such as resuscitation; mass-casualty event response and triage; patient autonomy and shared decision-making; medical research and teaching; ethical and legal issues in the care of the mental health patient; and, medical record documentation and confidentiality. Furthermore, this volume includes chapters dedicated to critically important topics, such as team leadership, the team model of clinical care, drug and device regulation, professional negligence, clinical education, the law of corporations, tele-medicine and e-health, medical errors and the culture of safety, regulatory compliance, the regulation of clinical laboratories, the law of insurance, and a practical overview of claims management and billing. Authored by experts in the field, The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a valuable resource for all clinical and non-clinical healthcare professionals. |
| economic damages medical malpractice: Reference Manual on Scientific Evidence , 1994 |
| economic damages medical malpractice: Employer Costs for Employee Compensation , 2000 |
| economic damages medical malpractice: Everything You Need to Know about Medical Malpractice in Plain English William Cirignani, 2016 |
| economic damages medical malpractice: Medical Malpractice Patricia Munch Danzon, 1985 How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way. Among its important findings is that at most one in ten patients injured through medical negligence receives compensation through the malpractice system. The focus of public attention has been on the rising cost to physicians of malpractice insurance. Although Patricia Danzon analyzes this question thoroughly, her view is much broader, encompassing the malpractice system itself--the legal process, the liability insurance markets, and the feedback to health care. As an economist, she is concerned with the efficiency or cost-effectiveness of the system from the point of view of its three social purposes: deterrence of medical negligence, compensation of injured patients, and the spreading of risk. To provide evidence of the operation of the system in practice, to distinguish fact from allegation, and to evaluate proposals for reform, she has undertaken a detailed empirical analysis of malpractice claims and insurance markets. It is a major contribution to our understanding of how the system works in practice and how it might be improved. |
| economic damages medical malpractice: Capping Non-economic Awards in Medical Malpractice Trials Nicholas Michael Pace, Daniela Golinelli, Laura Zakaras, Rand Corporation, 2004 A model for limits on trial awards and attorneys' fees in medical malpractice cases is the Medical Injury Compensation Reform Act (MICRA), a law enacted in California in 1975 in the hope of controlling soaring medical malpractice insurance premiums and ensuring the continuing availability of malpractice insurance. MICRA caps awards for non-economic losses at $250,000 and limits plaintiffs' attorney fees. The authors examine the effects these limits have on both plaintiffs' awards and defendants' liabilities. |
| economic damages medical malpractice: Better Atul Gawande, 2008-01-22 NATIONAL BESTSELLER The New York Times bestselling author of Being Mortal and Complications examines, in riveting accounts of medical failure and triumph, how success is achieved in a complex and risk-filled profession The struggle to perform well is universal: each one of us faces fatigue, limited resources, and imperfect abilities in whatever we do. But nowhere is this drive to do better more important than in medicine, where lives are on the line with every decision. In this book, Atul Gawande explores how doctors strive to close the gap between best intentions and best performance in the face of obstacles that sometimes seem insurmountable. Gawande's gripping stories of diligence, ingenuity, and what it means to do right by people take us to battlefield surgical tents in Iraq, to labor and delivery rooms in Boston, to a polio outbreak in India, and to malpractice courtrooms around the country. He discusses the ethical dilemmas of doctors' participation in lethal injections, examines the influence of money on modern medicine, and recounts the astoundingly contentious history of hand washing. And as in all his writing, Gawande gives us an inside look at his own life as a practicing surgeon, offering a searingly honest firsthand account of work in a field where mistakes are both unavoidable and unthinkable. At once unflinching and compassionate, Better is an exhilarating journey narrated by arguably the best nonfiction doctor-writer around (Salon). Gawande's investigation into medical professionals and how they progress from merely good to great provides rare insight into the elements of success, illuminating every area of human endeavor. |
| economic damages medical malpractice: Economic/hedonic Damages Michael L. Brookshire, Stan V. Smith, 1990 |
| economic damages medical malpractice: The Belmont Report United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, 1978 |
| economic damages medical malpractice: Frontiers in Health Policy Research David M. Cutler, Alan M. Garber, 2004 Leading economists discuss current health policy challenges, including prescription drugs benefits as a component of Medicare and conversion to for-profit health plans. |
| economic damages medical malpractice: Suing for Medical Malpractice Frank A. Sloan, 1993-09-15 Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective. The authors survey claims filed in Florida between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have? Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated—only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all. |
| economic damages medical malpractice: Preventing Medication Errors Institute of Medicine, Board on Health Care Services, Committee on Identifying and Preventing Medication Errors, 2006-12-11 In 1996 the Institute of Medicine launched the Quality Chasm Series, a series of reports focused on assessing and improving the nation's quality of health care. Preventing Medication Errors is the newest volume in the series. Responding to the key messages in earlier volumes of the seriesâ€To Err Is Human (2000), Crossing the Quality Chasm (2001), and Patient Safety (2004)â€this book sets forth an agenda for improving the safety of medication use. It begins by providing an overview of the system for drug development, regulation, distribution, and use. Preventing Medication Errors also examines the peer-reviewed literature on the incidence and the cost of medication errors and the effectiveness of error prevention strategies. Presenting data that will foster the reduction of medication errors, the book provides action agendas detailing the measures needed to improve the safety of medication use in both the short- and long-term. Patients, primary health care providers, health care organizations, purchasers of group health care, legislators, and those affiliated with providing medications and medication- related products and services will benefit from this guide to reducing medication errors. |
| economic damages medical malpractice: Legal and Forensic Medicine Roy G. Beran, 2013-09-05 This is a comprehensive reference text that examines the current state of Legal Medicine, which encompasses Forensic Medicine, in the 21st century. It examines the scope of both legal and forensic medicine, its application and study and has adopted a wide ranging approach including multinational authorship. It reviews the differences between and similarities of forensic and legal medicine, the need for academic qualification, the applications to many and varied fields including international aid, military medicine, health law and the application of medical knowledge to both criminal law and tort/civil law, sports medicine and law, gender and age related factors from obstetrics through to geriatrics and palliative care as well as cultural differences exploring the Christian/Judeo approach compared with that within Islamic cultures, Buddhism and Hinduism. The book looks at practical applications of legal medicine within various international and intercultural frameworks. This is a seminal authoritative text in legal and forensic medicine. It has a multi-author and multinational approach which crosses national boundaries. There is a great interest in the development of health law and legal medicine institutes around the world and this text comes in on the ground floor of this burgeoning discipline and provides the foundation text for many courses, both undergraduate and postgraduate. It defines the place of legal medicine as a specialized discipline. |
| economic damages medical malpractice: The Economic Effects of the Liability System Daniel P. Kessler, 1999 |
| economic damages medical malpractice: Women and Health Research Anna C. Mastroianni, Ruth R. Faden, Daniel D. Federman, 1994 |
| economic damages medical malpractice: Nursing Malpractice Patricia W. Iyer, 2011 |
| economic damages medical malpractice: Medical Malpractice Panteleymon L. Hiltz, 2004 Volatility in prices and availability of medical malpractice liability insurance and allegations that insurance companies may have colluded in raising current rates are receiving attention from policymakers. This book provides an overview of the current medical malpractice insurance situation and recent laws relevant to this issue. |
| economic damages medical malpractice: Report of the Task Force on Medical Liability and Malpractice United States. Department of Health and Human Services. Task Force on Medical Liability and Malpractice, 1987 |
| economic damages medical malpractice: Florida Medical Malpractice Handbook , 2006-01-01 |
| economic damages medical malpractice: Medical Professional Liability and the Delivery of Obstetrical Care Institute of Medicine (U.S.). Committee to Study Medical Professional Liability and the Delivery of Obstetrical Care, |
| economic damages medical malpractice: David Ball on Damages 3 David A. Ball, Trial Guides, LLC., 2013-01-01 Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense expert examinations; and new, key methods that explain the relationship between liability and damages. Ball explains why jurors give, why they do not, and how to motivate them to provide a large verdict. -- from publisher. |
| economic damages medical malpractice: Business and Commerce Code Texas, 1968 |
| economic damages medical malpractice: Doctors, Damages, and Deterrence William B. Schwartz, Neil K. Komesar, 1978 Damages awarded in a malpractice suit must be viewed not only as compensating the victim but also as deterring health-care providers from negligent behavior. Economic analysis of the malpractice system indicates that awards can send a signal to providers that informs them how much to invest in avoiding mishaps. The malpractice system is beset by difficulties, but not the ones commonly incriminated. The signal to the physician, as determined by the number of claims and the size of awards (expected damages), appears to be insufficient for ideal deterrence. Moreover, the deterrence signal is attenuated because malpractice premiums are set for groups of physicians, not for individuals according to their record of previous malpractice incidents. Replacing the present tort system with a no-fault insurance scheme would not necessarily be cheaper, and might well abolish the deterrent signal or distort clinical decisionmaking. |
| economic damages medical malpractice: Illinois Pattern Jury Instructions (IPI), Civil , 2011 |
| economic damages medical malpractice: Medical Malpractice United States. General Accounting Office, 1987 |
| economic damages medical malpractice: Medical Malpractice Reform United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice, 1995 |
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