New Liability Frontiers in Health Care Liability in a Managed Care Environment : how Far Can it Go?
| Author | : American Conference Institute |
| Publisher | : |
| Total Pages | : |
| Release | : 1997 |
| Genre | : |
| ISBN | : 9781551833293 |
New Liability Frontiers In Health Care Liability In A Managed Care Environment How Far Can It Go
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The Challenge of Regulating Managed Care
| Author | : John Eugene Billi |
| Publisher | : University of Michigan Press |
| Total Pages | : 307 |
| Release | : 2010-02-01 |
| Genre | : Medical |
| ISBN | : 0472023721 |
Representatives of industry, government, caregivers, and consumers join scholars and policy analysts in comparing market forces to regulation as potential means for righting what is wrong with managed care. The contributors that John E. Billi and Gail B. Agrawal have gathered here quickly move the healthcare debate beyond the classroom, think tank, and statehouse to the boardroom and examining room. Some argue strongly that the solution is to be found in the democratic process and government intervention, while others maintain that only market forces in a competitive environment can respond quickly to the needs of consumers and purchasers alike. The contributors' diverse opinions about the oversight of managed care reflect an enduring divide, one that will affect how society ultimately resolves questions about the inevitable tradeoffs among health-care quality, cost, and access in an environment of limited resources. The Challenge of Regulating Managed Care will appeal to policymakers, those in the medical field, and all readers interested in the American experience with managed care. John E. Billi is Associate Professor of Internal Medicine and Medical Education; Associate Dean for Clinical Affairs, University of Michigan Medical School; and Associate Vice President for Medical Affairs, University of Michigan. Gail B. Agrawal is Associate Professor of Law, University of North Carolina, Chapel Hill.
Strangers in the Night
| Author | : Peter D. Jacobson |
| Publisher | : Oxford University Press |
| Total Pages | : 497 |
| Release | : 2002-08-08 |
| Genre | : Law |
| ISBN | : 0190288299 |
More than ever before, the legal system plays a vital role in virtually every aspect of the current health care system. From the congressional debate over patients' rights legislation to judicial rulings on the denial of health care services, the legal system is integrally involved in the organization, financing, and delivery of health care. This book explains how the legal system helps shape health care delivery and policy, explores new ways of looking at the relationship between law and medicine, and reflects on why it all matters. The story focuses on the judicial response to the advent of managed care, especially challenges to cost containment initiatives, and shows how the legal system has facilitated managed care's dominance over the health care system. An equally important part of the story is the evolution of the relationship between physicians and attorneys and how their mutual antagonism affects patient care. In the end, the stories come together around a strategy for reconciling the difficult health policy choices the country faces and for restoring the physician-patient relationship to the center of health care delivery.
Law and Practice of Private Health Insurance and Managed Care
| Author | : Christian Funk |
| Publisher | : diplom.de |
| Total Pages | : 147 |
| Release | : 2000-04-28 |
| Genre | : Medical |
| ISBN | : 3832423214 |
Inhaltsangabe:Abstract: A true revolution has taken place in the financing of health care in America. Today, managed care is dominating the way Americans receive and pay for their health care. With the rise of managed care medicine has been wrenched out of its atomized world of solo physician practices and community hospitals and has been transformed into a modern industry of giant for-profit companies traded on Wall Street. The current marketplace is characterized by mergers, acquisitions and the establishment of giant multi-billion dollar healthcare networks. Hospitals and managed care plans run big advertisement campaigns in the media, praising their products and services in order to get the biggest share possible of the $1.1 trillion America spends on health care each year. All parties involved in providing health care lobby for their interests at all levels of political decision-making in order to influence legislators and policymakers. Today s health care market changes quickly and at a high rate. New variations of managed care arise constantly making any analysis of managed care an ongoing game of "catch-up" with the marketplace. While writing this paper, for example, UnitedHealthcare dropped one of the major managed care instruments, utilization review, to address public s concerns and pending legislation. This paper will take a snapshot of managed care on the eve of the new millennium by using the most recent information available. After this introduction, the paper will give a description of the current American health care system in chapter two (The U.S. Health Care System). Then, the paper will focus on two aspects: A detailed description of managed care in chapter three (Managed Care) and an introduction of the main issues connected with this way of providing health care in chapter four (Managed Care issues). The paper will argue in chapter five (Results and Future Developments), that managed care of the future will be a light version of what is currently existing, resulting in less strict restrictions and more freedom for patients and doctors. Finally, the report will focus on recent developments in Germany, where policy-makers have started to adopt particular elements of managed care. In chapter six (Managed Care Approaches in Germany), the paper will argue, that Germany should pay more attention to the American experiences regarding managed care in order to prevent harm for patients in [...]
Medical Liability, Managed Care, and Defensive Medicine
| Author | : Daniel P. Kessler |
| Publisher | : |
| Total Pages | : 48 |
| Release | : 2000 |
| Genre | : Defensive medicine |
| ISBN | : |
Because the optimal level of medical malpractice liability depends on the incentives provided by the health insurance system, the rise of managed care in the 1990s may affect the relationship between liability reform and defensive medicine. In this paper, we assess empirically the extent to which managed care and liability reform interact to affect the cost of care and health outcomes of elderly Medicare beneficiaries with cardiac illness. Malpractice reforms that directly reduce liability pressure -- such as caps on damages -- reduce defensive practices both in areas with low and with high levels of managed care enrollment. In addition, managed care and direct reforms do not have long-run interaction effects that are harmful to patient health. However, at least for patients with less severe cardiac illness, managed care and direct reforms are substitutes, so the reduction in defensive practices that can be achieved with direct reforms is smaller in areas with high managed care enrollment. We consider some implications of these results for the current debate over the appropriateness of extending malpractice liability to managed care organizations.
Managed Care Law and Liability
| Author | : Sander Marc Rabin |
| Publisher | : Aspen Publishers |
| Total Pages | : 0 |
| Release | : 2001 |
| Genre | : Liability (Law) |
| ISBN | : 9780735520523 |
Written by an attorney-physician with years of experience in both the legal and patient care settings, Managed Care Law and Liability provides the first in-depth examination of the regulations, statutes, case law directed at the managed care industry, And The unique liability issues that affect MCOs, patients and providers. Whatever your level of experience in healthcare litigation, whatever side of the managed care dispute you represent, Managed Care Law and Liability provides essential guidance to help you efficiently evaluate, frame and litigate managed care liability claims. You'll have rapid access To The various theories of liability, As well as a detailed game plan for conducting a successful managed care lawsuit.
Medical Liability for Pediatricians
| Author | : Jan Ellen Berger |
| Publisher | : |
| Total Pages | : 292 |
| Release | : 2004 |
| Genre | : Health & Fitness |
| ISBN | : |
Medical Liability for Pediatricians includes practical, easy-to-use-tools: Selecting an insurance company; fifty questions to ask when buying insurance; Ten risk-management principles in telephone care; documentation dos and don'ts; warning signs of a potential lawsuit, how to be an effective witness; testiying as a medical expert witness; and much more. With comprehensive coverage of the broad issues facing pediatricians, you will find information on: risk identification / risk management / liability insurance/ patient safety / managed care liability / record keeping / newborn care / adolescent care / emergency medicine / vaccine adminstration / telemedicine / error reporting / informed consent / optimizing patient relationships / alternative dispute resolution / and much more.
Medical Professional Liability and the Delivery of Obstetrical Care
| Author | : Institute of Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 255 |
| Release | : 1989-02-01 |
| Genre | : Medical |
| ISBN | : 030903986X |
The second volume of an overall look at the "malpractice crisis" sheds fresh light on the civil justice and insurance systems, medical liability issues, and their combined effect on health care for mothers and children. Topics include the liability implications of the rising rate of Cesarean sections, an evaluation of the American Medical Association's proposed alternative to the justice system for resolving medical liability disputes, and a review of legislative proposals under consideration.
Holding Health Care Accountable
| Author | : E. Haavi Morreim |
| Publisher | : Oxford University Press |
| Total Pages | : 337 |
| Release | : 2001-08-16 |
| Genre | : Law |
| ISBN | : 0195141326 |
Health care in the US and elsewhere has been rocked by economic upheaval. Cost-cuts, care-cuts, and confusion abound. Traditional tort and contract law have not kept pace. Physicians are still expected to deliver the same standard of care -- including costly resources - to everyone, regardless whether it is paid for. Health plans can now face litigation for virtually any unfortunate outcome, even those stemming from society's mandate to keep costs down while improving population health. This book cuts through the chaos and offers a clear, persuasive resolution. Part I explains why new economic realities have rendered prevailing malpractice and contract law largely anachronistic. Part II argues that pointing the legal finger of blame blindly or hastily can hinder good medical care. Instead of "whom do we want to hold liable," we should focus first on "who should be doing what, for the best delivery of health care." When things go wrong, each should be liable only for those aspects of care they could and should have controlled. Once a good division of labor is identified, what kind of liability should be imposed depends on what kind of mistake was made. Failures to exercise adequate expertise (knowledge, skill, care effort) should be addressed as torts, while failures to provide promised resources should be resolved under contract. Part III shows that this approach, though novel, fits remarkably well with basic common law doctrines, and can even enlighten ERISA issues. With extensive documentation from current case law, commentary, and empirical literature, the book will also serve as a comprehensive reference for attorneys, law professors, physicians, administrators, bioethicists, and students.
Medical Professional Liability and the Delivery of Obstetrical Care
| Author | : Institute of Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 255 |
| Release | : 1989-01-01 |
| Genre | : Medical |
| ISBN | : 0309185955 |
This is the first part of an in-depth study focusing on medical liability and its effect on access to and delivery of obstetrical care. The book addresses such questions as: Do liability concerns impede the use of new technologies? Have liability issues affected the physician-patient relationship? Are community health and maternity centers being harmed? What specific remedies are being considered and what are their prospects for success?
