HEALTH CARE AND MEDICAL MALPRACTICE REFORM

Orthopedics ◽  
1995 ◽  
Vol 18 (4) ◽  
pp. 337-338
Author(s):  
Subrata Saha
Keyword(s):  
Health Care ◽  
Medical Malpractice ◽  
Malpractice Reform

Enterprise Medical Liability and the Choice of the Responsible Enterprise

1994 ◽  
Vol 20 (1-2) ◽  
pp. 29-36
Author(s):  
Kenneth S. Abraham ◽  
Paul C. Weiler
Keyword(s):  
Health Care ◽  
Medical Malpractice ◽  
Task Force ◽  
Extended Period ◽  
Medical Liability ◽  
Scholarly Work ◽  
Special Interests ◽  
National Agenda ◽  
Medical Injury ◽  
Malpractice Reform

During the last year, the proposal of “enterprise” liability for medical malpractice became a major issue in debates about health care and malpractice reform. The idea, however, was not new. In scholarly work over an extended period, we have been developing the systematic case for the concept of enterprise — or, as we originally termed it, “organizational” — liability for medical malpractice. After several years of debating the critics of our proposal to shift the focus of liability for medical injury from individual physicians to the organizations that deliver health care, we were naturally gratified that the idea was now on the national agenda.In particular, we recommended adoption of enterprise liability to President Clinton's Health Care Task Force. The Task Force did embrace a version of the idea as its own, but then encountered stiff resistance from a number of special interests.

Adversarial Medical and Scientific Testimony and Lay Jurors: A Proposal for Medical Malpractice Reform

1995 ◽  
Vol 21 (2-3) ◽  
pp. 281-300
Author(s):  
Jody Weisberg Menon
Keyword(s):  
General Theory ◽  
Legal System ◽  
Medical Malpractice ◽  
Common Knowledge ◽  
Common Law ◽  
Expert Witnesses ◽  
Malpractice Reform ◽  
The Right ◽  
Scholarly Attention ◽  
Scientific Testimony

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.

The Impact of Medical Malpractice Reforms

2020 ◽  
Vol 16 (1) ◽  
pp. 405-419
Author(s):  
Jing Liu ◽  
David A. Hyman
Keyword(s):  
Medical Malpractice ◽  
Defensive Medicine ◽  
Physician Supply ◽  
Claim Frequency ◽  
Malpractice Reform ◽  
The Impact

This article evaluates the effects of medical malpractice reform on claiming, malpractice premiums, physician supply, and defensive medicine. We conclude that damage caps materially reduce claim frequency, payouts per claim, and total payouts. The effects of damage caps on malpractice premiums, physician supply, and defensive medicine are more modest. It is difficult to quantify the impact of reforms other than damage caps—partly because reforms are typically adopted as a package deal, and partly because of the limitations of the available data. We close by identifying three areas that would benefit from more research.

When Consent Does Not Help

2017 ◽  
Vol 43 (4) ◽  
pp. 388-425 ◽  
Author(s):  
Hindi E. Stohl
Keyword(s):  
Informed Consent ◽  
Pregnant Women ◽  
Cesarean Delivery ◽  
Medical Malpractice ◽  
Reproductive Rights ◽  
Vaginal Birth ◽  
Legal Remedy ◽  
Malpractice Reform

Pregnant women with a prior cesarean delivery face challenges in accessing a vaginal birth due to both hospital and provider preferences and practices. Although the doctrine of informed consent secures women's reproductive rights, it is not a viable legal remedy. Instead, women should champion increased maternity-related education and transparency as well as medical malpractice reform to increase the desired access.

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