Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Defensive Medicine and Medical Malpractice written by and published by . This book was released on 1994 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Medical Malpractice Myth written by Tom Baker and published by ReadHowYouWant.com. This book was released on 2011-03 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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...

Download or read book The Cost of the Medical Liability System Proposals for Reform Including H R 5 the Help Efficient Accessible Low cost Timely Healthcare HEALTH Act of 2011 written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and published by . This book was released on 2013 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Empirical Legal Analysis written by Yun-chien Chang and published by Routledge. This book was released on 2013-12-17 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores empirical legal issues around the world. While legal studies have traditionally been worked on and of letters and with a normative bent, in recent years quantitative methods have gained traction by offering a brand new perspective of understanding law. That is, legal scholars have started to crunch numbers, not letters, to tease out the effects of law on the regulated industries, citizens, or judges in reality. In this edited book, authors from leading institutions in the U.S., Europe, and Asia investigate legal issues in South Africa, Argentina, the U.S., Israel, Taiwan, and other countries. Using original data in a variety of statistical tools (from the most basic chi-square analysis to sophisticated two-stage least square regression models), contributors to this book look into the judicial behaviours in Taiwan and Israel, the determinants of constitutional judicial systems in 100 countries, and the effect of appellate court decisions on media competition. In addition, this book breaks new ground in informing important policy debates. Specifically, how long should we incarcerate criminals? Should the medical malpractice liability system be reformed? Do police reduce crime? Why is South Africa’s democratic transition viable? With solid data as evidence, this volume sheds new light on these issues from a road more and more frequently taken—what is known as "empirical legal studies/analysis." This book should be useful to students, practitioners and professors of law, economics and public policy in many countries who seek to understand their legal system from a different, and arguably more scientific, perspective.

Download or read book Modern American Remedies written by Douglas Laycock and published by Aspen Publishing. This book was released on 2018-11-19 with total page 1797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues. New to the Fifth Edition: New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook Key legal developments through the Supreme Court’s June 2018 decisions, including litigation surrounding President Trump’s travel ban Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google Recent case law regarding the Third Restatement’s approach to unjust enrichment New, updated, or expanded notes on current issues, such as The rise of nationwide injunctions in challenges to federal policy Disputes over the scope of qualified immunity rules for government officials, especially police officers Donald Trump, Stormy Daniels, and Michael Cohen’s business partner A new drafting assignment involving an injunction in a case of same-sex harassment in employment New principal cases: Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract Brown v. Plata, on structural injunctions and reform of prisons Lord & Taylor v. White Flint, on specific performance of long term contracts Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power Bonina v. Sheppard, on measuring restitution from innocent defendants In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments James v. National Financial, LLC, on unconscionability in consumer contracts Arizona Libertarian Party v. Reagan, on laches in election cases Professors and students will benefit from: Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme Appropriate balance of public and private law Highly teachable and memorable cases, well edited and supported by informative and authoritative notes Coverage and critique of basic law and economics as applied to key remedies issues Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns

Download or read book Medical Malpractice written by Frank A. Sloan and published by National Geographic Books. This book was released on 2010-08-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of medical malpractice from legal, medical, economic, and insurance perspectives that considers why past efforts at reform have not worked and offers recommendations for realistic, achievable policy changes. Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes—legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.

Download or read book Health Econometrics written by Badi H. Baltagi and published by Emerald Group Publishing. This book was released on 2018-05-30 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers a wide range of existing and emerging topics in applied health economics, including behavioural economics, medical care risk, social insurance, discrete choice models, cost-effectiveness analysis, health and immigration, and more.

Download or read book Medical Malpractice written by Patricia Munch Danzon and published by Harvard University Press. This book was released on 1985 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way. Among its important findings is that at most one in ten patients injured through medical negligence receives compensation through the malpractice system. The focus of public attention has been on the rising cost to physicians of malpractice insurance. Although Patricia Danzon analyzes this question thoroughly, her view is much broader, encompassing the malpractice system itself--the legal process, the liability insurance markets, and the feedback to health care. As an economist, she is concerned with the efficiency or cost-effectiveness of the system from the point of view of its three social purposes: deterrence of medical negligence, compensation of injured patients, and the spreading of risk. To provide evidence of the operation of the system in practice, to distinguish fact from allegation, and to evaluate proposals for reform, she has undertaken a detailed empirical analysis of malpractice claims and insurance markets. It is a major contribution to our understanding of how the system works in practice and how it might be improved.

Download or read book The Economic Effects of the Liability System written by Daniel P. Kessler and published by Hoover Institution Press. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Insurance Class Actions in the United States written by Nicholas M. Pace and published by Rand Corporation. This book was released on 2007-05-18 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class actions, which are civil cases in which parties initiate a lawsuit on behalf of other plaintiffs not specifically named in the complaint, often make headlines and arouse policy debates. However, policymakers and the public know little about most class actions. This book presents the results of surveys of insurers and of state departments of insurance to learn more about class litigation against insurance companies.

Download or read book A Measure of Malpractice written by Paul C. Weiler and published by Harvard University Press. This book was released on 1993 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.

Download or read book Medical malpractice implications of rising premiums on access to health care written by and published by DIANE Publishing. This book was released on with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Download or read book Health Policy and Advanced Practice Nursing Third Edition written by Kelly A. Goudreau, PhD, RN, ACNS-BC, FCNS, FAAN and published by Springer Publishing Company. This book was released on 2022-01-18 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Second Edition rewarded First Place AJN Award! The only policy text written specifically for APRN students, this preeminent resource delivers a sweeping examination of policy impact on the full implementation of the APRN role across all environments, including its effectiveness on specific patient populations. The expanded third edition—containing six new chapters—includes expanded information on policy analysis, nursing roles, and the impact of technology. It provides practical knowledge on developing policy to advocate for vulnerable populations—bolstered by case examples—and discusses how interprofessional education has changed and will continue to alter health policy in the United States and internationally. Additionally, the text discusses the evolving influence of the Patient Protection Affordable Care Act (PPACA) and the implications of current and future health policy changes as they affect APRN practice. New doctoral-level content adds to the book's relevance for DNP students. The text addresses the initiative within nursing for Full Practice Authority for all APRNs, which enables them to practice to the full extent of their educational preparation. Edited by experienced APRN leaders who have been closely involved with health policy development, the text meets the requirements of the IOM report on The Future of Nursing and the DNP criteria V for the inclusion of health policy and advocacy in the curriculum. This "call to action" for APRNs is specifically designed for courses serving a variety of APRN trajectories and includes content from all APRN role perspectives in every section. New to the Third Edition: Encompasses six completely new chapters covering Health Policy Effects on Health Systems, Telehealth, Pediatrics, Quality Initiatives, Patient Protection, and more! Expanded to include developing roles, environments, and populations pertinent to APRNs and DNP students Includes new information on policy development advocating for vulnerable populations Updated to reflect the latest national nursing policy initiatives Incorporates 2020 revised AACN Essentials and Future of Nursing Report 2030 Includes new case studies and more practical application of content Key Features: Chapters include Discussion Questions; Analysis, Synthesis, and Clinical Application; Exercises/Considerations; and Ethical Considerations Explains how and why APRNs can and should influence policy development Discusses implications of not participating in health policy decisions

Download or read book Te Linde s Operative Gynecology written by Howard W. Jones and published by Lippincott Williams & Wilkins. This book was released on 2015-07-10 with total page 3999 pages. Available in PDF, EPUB and Kindle. Book excerpt: Te Linde’s Operative Gynecology has been the premier text in the field of gynecologic surgery for more than 60 years. This text covers all of the aspects of gynecologic surgery – from the most general topics of surgical ethics to instruction on detailed surgical procedures. General background/pathology for surgical problems is covered as are patient/treatment selection, step-by-step surgical techniques and post-operative concerns.

Download or read book Te Linde s Operative Gynecology South Asian Edition written by Dr Sharmila Arun Babu and published by Wolters Kluwer India Pvt. Ltd.. This book was released on 2021-11-01 with total page 1274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First South Asian Edition of Te Linde's Operative Gynecologyhas been thoroughly edited to suit the needs of students and practitioners in South Asian countries, keeping in mind the rapidly changing concepts in Operative gynecology. This globally acclaimed textbook guides the reader through the well-illustrated techniques of gynecological surgeries. Salient Features of the South Asian Edition Keeping the essence of the text, all the chapters have been updated and revised to adapt to local practices and conditions in South Asian countries Features like “Stepwise approach” to perform gynecologic operations and “Best surgical practices” that are important components of each chapter have been retained and updated, wherever necessary Data from recent trials, latest staging, and classifications of cancers have been included in oncology chapters Indian data pertaining to common gynecological conditions and cancers have been incorporated Medicolegal laws in India which have a bearing on day-to-day practice of Obstetrics and Gynecology have been included in relevant chapters In the chapter Tubal Sterilization, detailed preoperative evaluation, selection criteria, and statistics from Indian perspective have been incorporated; Government of India guidelines for postpartum sterilization are also included Recent advances in Robotic surgery in India and a note on Robotic-Assisted Laparoscopic Hysterectomy have been included Content has been thoroughly peer-reviewed by subject experts of national repute