Medical Malpractice Litigation and Tort Reform: It’s the Incentives, Stupid
نویسنده
چکیده
منابع مشابه
Problems of Tort Litigation as a Means of Patient and Consumer Protection in Health Care Systems
The U.S. health care system relies on tort litigation as a means of protecting patients and consumers from medical malpractice. The system of tort litigation has contributed to the U.S. having the highest health care spending per capita of any nation, but it has not resulted in superior quality of care. This work argues that tort litigation in health care is actually detrimental to patient safe...
متن کاملNursing home litigation and tort reform: a case for exceptionalism.
The medical malpractice crisis that is currently spreading across the United States bears many similarities to earlier crises. One novel aspect of the current crisis is the explicit inclusion of litigation against nursing homes as a target of reform. Encouraged by the nursing home industry, policymakers are considering the extension of conventional medical malpractice tort reforms to the nursin...
متن کاملMedical Malpractice Insurance and the Emperor’s Clothes
Tenured academics are not known for their firm grasp of reality. Medical malpractice policy seems to be an exception. In the thirty years that have passed since California adopted its paradigmatic malpractice reform legislation, the Medical Injury Compensation Reform Act of 1975 (MICRA),1 the health care system has changed dramatically. Annual spending on health care in the United States has ri...
متن کاملNegligence, genuine error, and litigation
Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in th...
متن کاملIs there an acceptable answer to rising medical malpractice premiums?
This article explores the key issues involved in the attempts at reform of the present medical malpractice system. Investigating the effects that federal tort reform legislation would have on physicians, patients, lawyers, and the medical malpractice insurers, Dr. Gunnar succinctly outlines the issues surrounding the present "crisis in healthcare" and explores the separate interests involved. T...
متن کامل