Medical injury compensation: a time for testing new approaches
Article Abstract:
Although the climate for professional medical liability, or malpractice, insurance is improving, the compensation of victims of substandard medical care remains an area of great concern. The current tort system has been criticized as too slow, expensive, and inconsistent. Pressure to replace the professional liability structure may offer an opportunity to analyze other, potentially superior methods for enabling health-care recipients to receive compensation which they often do not seek. At this time, exploration of alternate strategies for dealing with victims of medical malpractice may be prudent; many observers regard the currently improved liability climate as transient. If and when a crisis situation is once again upon us, the time may not be as opportune for a reasoned approach. Several interesting alternatives have been proposed, ranging from minor modification of existing conditions to extensive overhaul, requiring considerable governmental involvement. Prior testing, either in practice or theory, must precede major changes in medical liability in order to avoid strong opposition. In a proposal published in the June 5, 1991 issue of The Journal of the American Medical Association, Bovbejerg et al. outline the framework of a no-fault system based on the concept of ''compensable events'', namely, identifiable, avoidable instances of substandard medical care which warrant that expedited compensation be afforded the victim, bypassing the lengthy, often acrimonious litigation to determine blame (which now must precede any monetary award). This proposed system, while not completely novel, overcomes some of the drawbacks of previously proposed schemes. Several states, including Virginia and Florida, have adopted very limited no-fault systems, but the instances in which the new regulations apply are so limited that they are not expected to have a great impact. (Consumer Summary produced by Reliance Medical Information, Inc.)
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1991
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The birth of serological testing for hepatitis B virus infection
Article Abstract:
The Landmark Article published in this issue of JAMA represents the first time researchers demonstrated that an infectious organism associated with hepatitis could be transmitted in blood and that screening programs could reduce this risk. In 1970, these researchers published a paper demonstrating that a protein in the blood of hepatitis patients called hepatitis-associated antigen could cause hepatitis when the blood was transfused into another person. Two years later, mandatory screening was instituted at all blood centers and more sensitive tests were developed.
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1996
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