Advocating Enterprise Liability For Medical Malpractice Reform

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Advocating Enterprise Liability for Medical Malpractice Reform

Author : Ava Hacopian
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (124 download)

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Book Synopsis Advocating Enterprise Liability for Medical Malpractice Reform by : Ava Hacopian

Download or read book Advocating Enterprise Liability for Medical Malpractice Reform written by Ava Hacopian and published by . This book was released on 2019 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enterprise liability, an assumption of medicolegal responsibility borne by health care institutions, shields the individual practitioner from malpractice liability emanating from systemic failures inherent in the delivery of healthcare. This model permits expedited and thorough analysis of the efficacy and quality of health care delivery due to the institution's access to potential failures and weaknesses in the business of health management. The alleviation of responsibility from the individual provider prevents provider burn-out, attrition and loss of privileges leading to loss of continuity and quality of patient care while focusing on systemic corrections to prevent poor outcomes. While government health organizations have adopted this model of risk management, as exemplified in local, state and federal medical care delivery models of hospital and correctional care, private entities continue to delegate some portion of liability to the individual provider even when institutional systems of care delivery are to blame for errors. Universally adopting an enterprise liability system throughout our health care infrastructure would alleviate provider shortages, reduce provider attrition, save legal and other administrative costs and provide for a better data infrastructure for thorough analyses of faulty systems and delivery methods to improve overall quality of care. A literature review of the advantages and limitations of enterprise liability applications in medicine is conducted to explore potential options to improve healthcare delivery and address barriers to transparency and improvements in care. The findings of this review highlight a potential for improved communication and correction of healthcare delivery barriers with the alleviation of individual provider liability for system institutional errors that can benefit performance improvement, reduce systemic flaw and contribute to malpractice reform.

Understanding Enterprise Liability

Author : Virginia Nolan
Publisher : Temple University Press
ISBN 13 : 1439907641
Total Pages : 266 pages
Book Rating : 4.4/5 (399 download)

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Book Synopsis Understanding Enterprise Liability by : Virginia Nolan

Download or read book Understanding Enterprise Liability written by Virginia Nolan and published by Temple University Press. This book was released on 2011-02-02 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.

How Liability Law Affects Medical Productivity

Author : Daniel P. Kessler
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis How Liability Law Affects Medical Productivity by : Daniel P. Kessler

Download or read book How Liability Law Affects Medical Productivity written by Daniel P. Kessler and published by . This book was released on 2000 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous research suggests that "direct" reforms to the liability system -- reforms designed to reduce the level of compensation to potential claimants -- reduce medical expenditures without important consequences for patient health outcomes. We extend this research by identifying the mechanisms through which reforms affect the behavior of health care providers. Although we find that direct reforms improve medical productivity primarily by reducing malpractice claims rates and compensation conditional on a claim, our results suggest that other policies that reduce the time spent and the amount of conflict involved in defending against a claim can also reduce defensive practices substantially. In addition, we find that "malpractice pressure" has a larger impact on diagnostic rather than therapeutic treatment decisions. Our results provide an empirical foundation for simulating the effects of untried malpractice reforms on health care costs and outcomes, based on their predicted effects on the malpractice pressure facing medical providers

Impact of Legal Reforms on Medical Malpractice Costs

Author :
Publisher : Congress
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Impact of Legal Reforms on Medical Malpractice Costs by :

Download or read book Impact of Legal Reforms on Medical Malpractice Costs written by and published by Congress. This book was released on 1993 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comments on the American Law Institute Study of Enterprise Liability for Personal Injury

Author : Jerry J. Phillips
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Comments on the American Law Institute Study of Enterprise Liability for Personal Injury by : Jerry J. Phillips

Download or read book Comments on the American Law Institute Study of Enterprise Liability for Personal Injury written by Jerry J. Phillips and published by . This book was released on 1991 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Malpractice Litigation

Author : Bernard S. Black
Publisher : Cato Institute
ISBN 13 : 194864780X
Total Pages : 337 pages
Book Rating : 4.9/5 (486 download)

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Book Synopsis Medical Malpractice Litigation by : Bernard S. Black

Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Managed Care Enterprise Liability

Author : Willis Chou
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (567 download)

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Book Synopsis Managed Care Enterprise Liability by : Willis Chou

Download or read book Managed Care Enterprise Liability written by Willis Chou and published by . This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Malpractice and the U.S. Health Care System

Author : William M. Sage
Publisher : Cambridge University Press
ISBN 13 : 0521849322
Total Pages : 406 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Medical Malpractice and the U.S. Health Care System by : William M. Sage

Download or read book Medical Malpractice and the U.S. Health Care System written by William M. Sage and published by Cambridge University Press. This book was released on 2006-06-19 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Tort Reform by Contract

Author : Paul H. Rubin
Publisher : American Enterprise Institute
ISBN 13 : 9780844738284
Total Pages : 108 pages
Book Rating : 4.7/5 (382 download)

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Book Synopsis Tort Reform by Contract by : Paul H. Rubin

Download or read book Tort Reform by Contract written by Paul H. Rubin and published by American Enterprise Institute. This book was released on 1993 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that there is a current crisis in tort law and advocates that a return to a more widespread use of contracts in three areas - product liability, medical malpractice, and some aspects of automobile accidents. Such contracts, he suggests, should be allowed by the courts.

Defensive Medicine and Medical Malpractice

Author :
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Defensive Medicine and Medical Malpractice by :

Download or read book Defensive Medicine and Medical Malpractice written by and published by . This book was released on 1994 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Malpractice and Antitrust Issues in Health Care Reform

Author : United States. Congress. Senate. Committee on Finance
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Medical Malpractice and Antitrust Issues in Health Care Reform by : United States. Congress. Senate. Committee on Finance

Download or read book Medical Malpractice and Antitrust Issues in Health Care Reform written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 1995 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Medical Malpractice Myth

Author : Tom Baker
Publisher : ReadHowYouWant.com
ISBN 13 : 1459615654
Total Pages : 386 pages
Book Rating : 4.4/5 (596 download)

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Book Synopsis The Medical Malpractice Myth by : Tom Baker

Download or read book The Medical Malpractice Myth written by Tom Baker and published by ReadHowYouWant.com. This book was released on 2011-03 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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...

Holding Health Care Accountable

Author : E. Haavi Morreim
Publisher : Oxford University Press
ISBN 13 : 0195141326
Total Pages : 337 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Holding Health Care Accountable by : E. Haavi Morreim

Download or read book Holding Health Care Accountable written by E. Haavi Morreim and published by Oxford University Press. This book was released on 2001-08-16 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health care in the US and elsewhere has been rocked by economic upheaval. Cost-cuts, care-cuts, and confusion abound. Traditional tort and contract law have not kept pace. Physicians are still expected to deliver the same standard of care -- including costly resources - to everyone, regardless whether it is paid for. Health plans can now face litigation for virtually any unfortunate outcome, even those stemming from society's mandate to keep costs down while improving population health. This book cuts through the chaos and offers a clear, persuasive resolution. Part I explains why new economic realities have rendered prevailing malpractice and contract law largely anachronistic. Part II argues that pointing the legal finger of blame blindly or hastily can hinder good medical care. Instead of "whom do we want to hold liable," we should focus first on "who should be doing what, for the best delivery of health care." When things go wrong, each should be liable only for those aspects of care they could and should have controlled. Once a good division of labor is identified, what kind of liability should be imposed depends on what kind of mistake was made. Failures to exercise adequate expertise (knowledge, skill, care effort) should be addressed as torts, while failures to provide promised resources should be resolved under contract. Part III shows that this approach, though novel, fits remarkably well with basic common law doctrines, and can even enlighten ERISA issues. With extensive documentation from current case law, commentary, and empirical literature, the book will also serve as a comprehensive reference for attorneys, law professors, physicians, administrators, bioethicists, and students.

Accountability

Author : Virginia A. Sharpe
Publisher : Georgetown University Press
ISBN 13 : 9781589012301
Total Pages : 298 pages
Book Rating : 4.0/5 (123 download)

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Book Synopsis Accountability by : Virginia A. Sharpe

Download or read book Accountability written by Virginia A. Sharpe and published by Georgetown University Press. This book was released on 2004-09-07 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to a recent Institute of Medicine report, as many as 98,000 Americans die each year as a result of medical error—a figure higher than deaths from automobile accidents, breast cancer, or AIDS. That astounding number of fatalities does not include the number of those serious mistakes that are grievous and damaging but not fatal. Who can forget the tragic case of 17-year-old Jésica Santillán, who died after receiving a heart-lung transplant with an incompatible blood type? What can be done about this? What should be done? How can patients and their families regain a sense of trust in the hospitals and clinicians that care for them? Where do we even begin the discussion? Accountability brings the issue to the table in response to the demand for patient safety and increased accountability regarding medical errors. In an interdisciplinary approach, Virginia Sharpe draws together the insights of patients and families who have suffered harm, institutional leaders galvanized to reform by tragic events in their own hospitals, philosophers, historians, and legal theorists. Many errors can be traced to flaws in complex systems of health care delivery, not flaws in individual performance. How then should we structure responsibility for medical mistakes so that justice for the injured can be achieved alongside the collection of information that can improve systems and prevent future error? Bringing together authoritative voices of family members, health care providers, and scholars—from such disciplines as medical history, economics, health policy, law, philosophy, and theology—this book examines how conventional structures of accountability in law and medical structure (structures paradoxically at odds with justice and safety) should be replaced by more ethically informed federal, state, and institutional policies. Accountability calls for public policy that creates not only systems capable of openness concerning safety and error—but policy that also delivers just compensation and honest and humane treatment to those patients and families who have suffered from harmful medical error.

Medical Malpractice Liability Reform

Author : Henry Cohen
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Medical Malpractice Liability Reform by : Henry Cohen

Download or read book Medical Malpractice Liability Reform written by Henry Cohen and published by . This book was released on 2003 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Crs Report for Congress

Author : Congressional Research Service: The Libr
Publisher : BiblioGov
ISBN 13 : 9781295023912
Total Pages : 26 pages
Book Rating : 4.0/5 (239 download)

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Book Synopsis Crs Report for Congress by : Congressional Research Service: The Libr

Download or read book Crs Report for Congress written by Congressional Research Service: The Libr and published by BiblioGov. This book was released on 2013-10 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Malpractice

Author : Frank A. Sloan
Publisher : MIT Press (MA)
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Medical Malpractice by : Frank A. Sloan

Download or read book Medical Malpractice written by Frank A. Sloan and published by MIT Press (MA). This book was released on 2008 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking (MIT Press, 2004) and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University.