Patient safety and medical malpractice: a case study

Article Abstract:

The system of tort liability for medical malpractice is frequently criticized for poorly performing its theoretical functions of compensating injured patients, deterring negligence, and dispensing corrective justice. Working from an actual malpractice case involving serious injury but no apparent negligence, the authors explore these criticisms from the perspectives of both the plaintiff-patient and the defendant-physician. They then examine the tort system through the lens of patient safety and conclude that the tensions between the system and patient safety initiatives suggest a need to reexamine our attachment to adversarial dispute resolution in health care. They propose targeted reforms that could improve the functioning of the system and create incentives to improve safety and quality.

Tort reform, Malpractice

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The rise of litigation in human subjects research

Article Abstract:

Owing to widespread public concern about the adequacy of protections for human research subjects and recent instances of serious injury to subjects at several major research institutions, lawsuits against investigators, institutional review boards, and academic institutions are becoming increasingly common. Several claim-promoting conditions are ripe to promote the further growth of this litigation and raise the stakes for research institutions. While this litigation may serve a valuable compensation function for injured subjects, it will also have profound effects on institutional review boards, leading to a more legalistic, mechanistic approach to ethical review that does not further the interests of human subjects or scientific progress.

Hospitals, Human experimentation in medicine, Human medical experimentation

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Obesity--The new frontier of public health law

Article Abstract:

Public health law is targeting to reduce obesity in the United States and an attempt is made to review the rationale for regulatory action to combat obesity. Legal issues raised by initiatives are examined and prospects for public health law in this area re discussed.

United States, Care and treatment, Obesity, Public health law

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