No tort reform has more potential to improve the quality of medical care and to reduce the frequency of patient injuries than exclusive hospital enterprise liability. Hospital enterprise liability would make hospitals liable for all patient injuries occurring in the hospital that are the product of provider negligence, regardless of the independent contractor status of the providers. In its “ex...

Background: Medical malpractice is a serious problem in the health care system. This study aimed to review the medical negligence in Iran. Methods: Based on the PRISMA checklist, a search for scientific records was done separately by two researchers. All the articles that had selection criteria were evaluated in terms of methodological quality. Medical malpractice was assessed in four main div...

Medical malpractice claims are increasing at a rate of about ten percent per year.' Seven chairmen of neurosurgery departments in leading New York hospitals have a combined total of twenty-five malpractice suits filed against them, seeking an aggregate total of $6.3 million. ' In 1960, total malpractice premiums in the United States were $60 million; by 1975, the total will be about $1 billion....

Patients can hold physicians directly or vicariously liable for the malpractice of nurse practitioners under their supervision. Restrictive scope-of-practice laws governing nurse practitioners can ease patients' legal burdens in establishing physician liability. We analyze the effect of restrictive scope-of-practice laws on the number of malpractice payments made on behalf of physicians between...

A distinctive feature of medical malpractice law is its acceptance of medical custom as the dispositive legal standard of care. Outside the field of medical malpractice, long established legal doctrine accords limited weight to custom in defining the general standard of care in negligence cases.' In medical practice, by contrast, the legal standard of due care is virtually defined by the custom...

BACKGROUND Patients are often not told about harmful medical errors. The malpractice environment is considered a major determinant of physicians' willingness to disclose errors to patients. Yet, little is known about the malpractice environment's actual effect on physicians' error disclosure attitudes and experiences. METHODS Mailed survey of 2637 physicians (62.9% response rate) in the Unite...