Medical malpractice: folklore, facts, and the future
Article Abstract:
Physicians and lawyers often find it difficult to agree about the issue of medical malpractice. Members of each discipline base their opinion of the other on a series of myths and stereotypes caused by a lack of information. The availability of better information has shown that three main problems exist in the approach of both the medical and legal professions to malpractice. Both short-term, medium-term and long-term solutions should be developed to solve these problems. A short-term solution would be to improve the liability process. A medium-term solution would be to establish different methods to settle malpractice disputes outside the courtroom. A long-term solution would be to establish a system similar to worker's compensation to compensate for different types of medical injuries. Overall changes are needed in both the medical and legal professions, patient expectations, the health care industry and the medical insurance industry.
Publication Name: Annals of Internal Medicine
Subject: Health
ISSN: 0003-4819
Year: 1992
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The influence of standard of care and severity of injury on the resolution of medical malpractice claims
Article Abstract:
The outcome of most medical malpractice cases may depend on the defensibility of the physician's actions in providing treatment and not on the severity of the patient's injuries. The frequency of unjustified payments to plaintiffs of malpractice cases may be low. A study examined 8,231 closed malpractice cases involving 12,892 New Jersey physicians insured by one insurance company between 1977 and 1992. The physicians' actions in providing treatment were defensible in 62% of the cases and indefensible in 25% of the cases. The plaintiff received a payment in 43% of the cases. Ninety-one percent of the plaintiffs received a payment in cases in which physicians' actions were considered indefensible, compared with 21% of those in which physicians' action were considered defensible. A small association was found between the severity of injury and the frequency of payment to the plaintiff.
Publication Name: Annals of Internal Medicine
Subject: Health
ISSN: 0003-4819
Year: 1992
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Beyond MICRA: new ideas for liability reform
Article Abstract:
The existing medical liability system may need to be reformed, and the American College of Physicians (ACP) has proposed legislative reform and funding of experimental reform projects. Reforms include no-fault liability and enterprise liability. Short-term ACP recommendations include Congressional passage of the tort reforms in the California Medical Injury Compensation Reform Act (MICRA), which limit noneconomic damages and attorney fees. Federal legislation should be passed to allow patients to sue their health plan, which is currently prohibited by judicial interpretation of the ERISA legislation of 1974. Long-term solutions may involve creating a new system of preventing and detecting injuries, compensating patients, and reducing defensive medicine costs.
Publication Name: Annals of Internal Medicine
Subject: Health
ISSN: 0003-4819
Year: 1995
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