Medical Malpractice Litigation

Medical Malpractice Litigation
Author: Bernard S. Black
Publisher: Cato Institute
Total Pages: 337
Release: 2021-04-27
Genre: Law
ISBN: 194864780X

"Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.

Litigating Health Rights

Litigating Health Rights
Author: Alicia Ely Yamin
Publisher: Harvard University Press
Total Pages: 446
Release: 2015-04-01
Genre: Law
ISBN: 0986106208

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

The Battle Over Health Care

The Battle Over Health Care
Author: Rosemary Gibson
Publisher: Rowman & Littlefield Publishers
Total Pages: 233
Release: 2012-04-08
Genre: Health & Fitness
ISBN: 1442214511

As the most substantial health care reform in almost half a century, President Obama's health care overhaul was as historic as it was divisive. In its aftermath, the debate continues. Drawing on decades of experience in health care policy, health care delivery reform, and economics, Rosemary Gibson and Janardan Prasad Singh provide a non-partisan analysis of the reform and what it means for America and its future. The authors shine a light on truths that have been hidden behind a raucous debate marred by political correctness on both sides of the aisle. They show how health care reform was enacted only with the consent of health insurance companies, drug firms, device manufacturers, hospitals, and other special interests that comprise the medical-industrial complex, which gained millions of new customers with the stroke of a pen. Health care businesses in a market-oriented system are designed to generate revenue, which runs counter to affordable health care. Gibson and Singh take a broader perspective on health care reform not as a single issue but as part of the economic life of the nation. The national debate unfolded while the banking and financial system teetered on the brink of collapse. The authors trace uncanny similarities between the health care industry and the unfettered banking and financial sector. They argue that a fast-changing global economy will have profound implications for the country's economic security and the jobs and health care benefits that come with it, and they predict that global competition will shape the future of employer-provided insurance more than the health care reform law.

Medical Malpractice

Medical Malpractice
Author: Richard E. Anderson
Publisher: Springer Science & Business Media
Total Pages: 307
Release: 2007-11-05
Genre: Medical
ISBN: 1592598455

Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone’s idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors—the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. “The Case for Legal Reform” presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy.

Health Care Reform

Health Care Reform
Author: Jonathan Gruber
Publisher: Macmillan
Total Pages: 162
Release: 2011-12-20
Genre: Comics & Graphic Novels
ISBN: 0809094622

"A graphic explanation of the PPACA act"--Provided by publisher.

Health Care Litigation Reform

Health Care Litigation Reform
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher:
Total Pages: 142
Release: 2002
Genre: Electronic government information
ISBN:

The Medical Malpractice Myth

The Medical Malpractice Myth
Author: Tom Baker
Publisher: ReadHowYouWant.com
Total Pages: 386
Release: 2011-03
Genre: Law
ISBN: 1459615654

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, direct...

Legal Strategies in Childhood Obesity Prevention

Legal Strategies in Childhood Obesity Prevention
Author: Institute of Medicine
Publisher: National Academies Press
Total Pages: 104
Release: 2011-08-08
Genre: Medical
ISBN: 0309210224

Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.