Search results for: the-medical-malpractice-myth

The Medical Malpractice Myth Large Print 16pt

Author : Tom Baker
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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, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture ''the medical malpractice myth'' with a talent for reasoned argument and incisiveness. He counters that the real problem is ''too much medical malpractice, not too much litigation,'' and that the cost of malpractice is lost lives and the ''pain and suffering of tens of thousands of people every year'' - most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates.

Insuring Medical Malpractice

Author : Frank A. Sloan
File Size : 32.31 MB
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The cost of malpractice insurance to physicians has been increasing in recent years, as has the threat to physicians of being sued. This book describes and analyzes the workings of the market for physicians' liability insurance. The authors use their own data and other sources to study questions such as: Is the market for medical malpractice insurance competitive? Has the profitability of medical malpractice insurance been excessive? Why do malpractice insurers demand reinsurance? What effect has insurance regulation had on premiums? And it explores what experience rating is and how it is done.

Medical Malpractice and the American Jury

Author : Neil Vidmar
File Size : 59.60 MB
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Returns the verdict on the performance of medical malpractice juries

Health Security Act medical Malpractice Provisions

Author : United States
File Size : 21.39 MB
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Medical Malpractice Reform

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
File Size : 70.19 MB
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Suing for Medical Malpractice

Author : Frank A. Sloan
File Size : 42.3 MB
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Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective. The authors survey claims filed in Florida between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have? Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated—only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all.

Medical Malpractice

Author : Patricia Munch Danzon
File Size : 85.69 MB
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How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way. Among its important findings is that at most one in ten patients injured through medical negligence receives compensation through the malpractice system. The focus of public attention has been on the rising cost to physicians of malpractice insurance. Although Patricia Danzon analyzes this question thoroughly, her view is much broader, encompassing the malpractice system itself--the legal process, the liability insurance markets, and the feedback to health care. As an economist, she is concerned with the efficiency or cost-effectiveness of the system from the point of view of its three social purposes: deterrence of medical negligence, compensation of injured patients, and the spreading of risk. To provide evidence of the operation of the system in practice, to distinguish fact from allegation, and to evaluate proposals for reform, she has undertaken a detailed empirical analysis of malpractice claims and insurance markets. It is a major contribution to our understanding of how the system works in practice and how it might be improved.

Medical Malpractice

Author : Frank A. Sloan
File Size : 89.31 MB
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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.

Symposium

Author :
File Size : 86.2 MB
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Damages

Author : Barry Werth
File Size : 27.31 MB
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A look at a seven-year medical malpractice lawsuit explores a cycle of blame that shifts from doctor to midwife to hospital to insurance company

Arizona Attorney

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American Jurisprudence Trials

Author :
File Size : 30.37 MB
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Prosser Wade and Schwartz s Torts

Author : Victor E. Schwartz
File Size : 82.46 MB
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Combining excellence in scholarship and ease of use, this best-selling casebook engages readers in and encourages critical thinking about tort law with its compelling stories, crisply edited classic tort cases, and discussion of legislation and new public policy. Unbiased in its approach and organized in manageable sections of information, the casebook expands law students' understanding of tort law doctrine and rationale with helpful notes, memorable cases and statutes, and discussion of topics such as the increasing influence of legislatures on the common law of torts.This immensely popular casebook combines the best of the new tort cases while preserving the classics. It captures new trends and controversies in the law of torts, but the cases and notes are presented to allow the Professor to inject his or her perspectives and ideas without fighting the materials. Case selection for principal and note cases favors exemplifying cutting-edge doctrine and policy, while favoring me

Health Law

Author : Barry R. Furrow
File Size : 43.7 MB
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For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. Health Law comprehensively treats topics concerns such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), and malpractice litigation. Written without a policy bias to fairly reflect all viewpoints, the book considers legal and ethical issues involving death, human reproduction, medical treatment decision making, and medical research. It also explores the government's efforts to control costs and expand access through Medicare and Medicaid and examines government attempts to police anticompetitive activities, fraud, and abuse. Using carefully edited primary materials and effective classroom-tested problems, the book exposes students to the core issues in health law.

Tort Law and Alternatives

Author : Marc A. Franklin
File Size : 48.14 MB
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Tort law remains a dynamic field, subject to constant refinement and rethinking. The new Eighth Edition reflects these evolving developments in recent case law and legislative activity, as well as commentary ranging from the ongoing Third Restatement of Torts (Physical Harm) project to the September 11th Victim Compensation Fund. The principal focus of this book is the law of negligence, strict liability, and no-fault as alternative approaches to compensating the victims of accidental harm and creating optimal incentives to safety. This leading casebook covers all major aspects of tort law with expertly edited cases, and original text. It also includes detailed discussions of liability, causation, defamation, privacy, damages, insurance, and tort alternatives.

Library Journal

Author : Melvil Dewey
File Size : 42.66 MB
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Includes, beginning Sept. 15, 1954 (and on the 15th of each month, Sept.-May) a special section: School library journal, ISSN 0000-0035, (called Junior libraries, 1954-May 1961). Also issued separately.

University of Pennsylvania Law Review

Author :
File Size : 31.71 MB
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The OECD Observer

Author :
File Size : 76.54 MB
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Journal of Medicine and Law

Author :
File Size : 80.78 MB
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People s Medical Society Health Desk Reference

Author : Charles B. Inlander
File Size : 89.82 MB
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The founder of the health-care advocacy group, The People's Medical Society, offers consumers a comprehensive reference guide to their rights and opportunities concerning medical care, including information on insurance, medical tests, and much more. Reprint.