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Medical Malpractice Litigation In The 21st Century
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Book Synopsis Medical Malpractice in Nineteenth-century America by : Kenneth De Ville
Download or read book Medical Malpractice in Nineteenth-century America written by Kenneth De Ville and published by NYU Press. This book was released on 1992-04 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: It was in the 1840s that Americans first began to sue physicians on a wide scale. The unprecedented wave of litigation that began in this decade disrupted professional relations, injured individual reputations, and burdened physicians with legal fees and damage awards. De Ville's account discusses this outbreak of malpractice litigation with the use of anecdotes.
Book Synopsis Medical Malpractice on Trial by : Paul C. Weiler
Download or read book Medical Malpractice on Trial written by Paul C. Weiler and published by Harvard University Press. This book was released on 1991 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair. In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries. But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.
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...
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Medical Malpractice Litigation in the 21St Century by : Nathaniel J. Friedman
Download or read book Medical Malpractice Litigation in the 21St Century written by Nathaniel J. Friedman and published by AuthorHouse. This book was released on 2012-07-19 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Lawyer's Guide to Successful Malpractice Litigation. In using this volume, keep in mind that it is a general view of what it is to be anticipated in prosecuting a medical malpractice case. However, no book is able to anticipate each situation and circumstance arising in the heat of battle. As such, use this book in conjunction with your own background, training and experience. Good luck! Nathaniel J. Friedman, Esq.
Download or read book Health Law Handbook written by and published by . This book was released on 2005 with total page 1520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Crossing the Quality Chasm by : Institute of Medicine
Download or read book Crossing the Quality Chasm written by Institute of Medicine and published by National Academies Press. This book was released on 2001-07-19 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Second in a series of publications from the Institute of Medicine's Quality of Health Care in America project Today's health care providers have more research findings and more technology available to them than ever before. Yet recent reports have raised serious doubts about the quality of health care in America. Crossing the Quality Chasm makes an urgent call for fundamental change to close the quality gap. This book recommends a sweeping redesign of the American health care system and provides overarching principles for specific direction for policymakers, health care leaders, clinicians, regulators, purchasers, and others. In this comprehensive volume the committee offers: A set of performance expectations for the 21st century health care system. A set of 10 new rules to guide patient-clinician relationships. A suggested organizing framework to better align the incentives inherent in payment and accountability with improvements in quality. Key steps to promote evidence-based practice and strengthen clinical information systems. Analyzing health care organizations as complex systems, Crossing the Quality Chasm also documents the causes of the quality gap, identifies current practices that impede quality care, and explores how systems approaches can be used to implement change.
Book Synopsis Compartment Syndrome by : Cyril Mauffrey
Download or read book Compartment Syndrome written by Cyril Mauffrey and published by Springer Nature. This book was released on 2019-09-02 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compartment syndrome is a complex physiologic process with significant potential harm, and though an important clinical problem, the basic science and research surrounding this entity remains poorly understood. This unique open access book fills the gap in the knowledge of compartment syndrome, re-evaluating the current state of the art on this condition. The current clinical diagnostic criteria are presented, as well as the multiple dilemmas facing the surgeon. Pathophysiology, ischemic thresholds and pressure management techniques and limitations are discussed in detail. The main surgical management strategy, fasciotomy, is then described for both the upper and lower extremities, along with wound care. Compartment syndrome due to patient positioning, in children and polytrauma patients, and unusual presentations are likewise covered. Novel diagnosis and prevention strategies, as well as common misconceptions and legal ramifications stemming from compartment syndrome, round out the presentation. Unique and timely, Compartment Syndrome: A Guide to Diagnosis and Management will be indispensable for orthopedic and trauma surgeons confronted with this common yet challenging medical condition.
Book Synopsis Medical Malpractice Litigation in the 21st Century by : Nathaniel J. Friedman Esq
Download or read book Medical Malpractice Litigation in the 21st Century written by Nathaniel J. Friedman Esq and published by AuthorHouse. This book was released on 2012-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Lawyer's Guide to Successful Malpractice Litigation. In using this volume, keep in mind that it is a general view of what it is to be anticipated in prosecuting a medical malpractice case. However, no book is able to anticipate each situation and circumstance arising in the heat of battle. As such, use this book in conjunction with your own background, training and experience. Good luck! Nathaniel J. Friedman, Esq.
Book Synopsis International Medical Malpractice Law by : Dieter Giesen
Download or read book International Medical Malpractice Law written by Dieter Giesen and published by BRILL. This book was released on 1988-01-01 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems. The work describes principles and trends, not by confronting the reader with national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient. References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.
Book Synopsis Florida Legal Malpractice Law by : Warren R. Trazenfeld
Download or read book Florida Legal Malpractice Law written by Warren R. Trazenfeld and published by Full Court Press. This book was released on 2019-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Care Law by : Edward P. Richards
Download or read book Medical Care Law written by Edward P. Richards and published by Jones & Bartlett Learning. This book was released on 1999 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Malpractice and Medical Liability by : Santo Davide Ferrara
Download or read book Malpractice and Medical Liability written by Santo Davide Ferrara and published by Springer Science & Business Media. This book was released on 2013-04-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309377722 Total Pages :473 pages Book Rating :4.3/5 (93 download)
Book Synopsis Improving Diagnosis in Health Care by : National Academies of Sciences, Engineering, and Medicine
Download or read book Improving Diagnosis in Health Care written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2015-12-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Litigation in Otolaryngology by : Jean Anderson Eloy
Download or read book Litigation in Otolaryngology written by Jean Anderson Eloy and published by Springer Nature. This book was released on 2021-04-20 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text, edited by experienced academic and private otolaryngologists at different points in their careers, as well as an attorney, reviews the current literature related to otolaryngology malpractice litigation, and discusses strategies to decrease liability and enhance patient safety. It examines the most recent trial decisions in otolaryngology and determines which procedures are most commonly litigated in the current medicolegal environment. The text provides otolaryngologists with tips and pearls on how to prevent malpractice litigation, and discusses key actions to take when faced with malpractice litigation. Strategies for minimizing liability as well as the factors brought up in malpractice litigation related to otolaryngology – head and neck surgery are also discussed. Litigation In Otolaryngology will be a useful resource for all involved in the care of otolaryngologic patients (physicians, nurse practitioners, physician assistants, etc.), those concerned with the legal aspect of such care (including malpractice attorneys), and healthcare policy makers.
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.
Book Synopsis Doctors and the Law by : James C. Mohr
Download or read book Doctors and the Law written by James C. Mohr and published by . This book was released on 1996 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the American Revolution, the new republic's most prominent physicians envisioned a society in which doctors, lawyers, and the state might work together to ensure public well-being and a high standard of justice. But as James C. Mohr reveals in Doctors and the Law, what appeared to be fertile ground for cooperative civic service soon became a battlefield, as the relationship between doctors and the legal system became increasingly adversarial. Mohr provides a graceful and lucid account of this prfound shift from civic republicanism to marketplace professionalism. He shows how, by 1900, doctors and lawyers were at each other's throats, medical jurisprudence had disappeared as a serious field of study for American physicians, the subject of insanity had become a legal nightmare, expert medical witnesses had become costly and often counterproductive, and an ever-increasing number of malpractice suits had intensified physicians' aversion to the courts. In short, the system we have taken largely for granted throughout the twentieth century had been established. Doctors and the Law is a penetrating look at the origins of our inherited medico-legal system.