Download or read book Suing for Medical Malpractice written by Frank A. Sloan and published by University of Chicago Press. This book was released on 1993-09-15 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective. The authors survey claims filed in Florida between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have? Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated—only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all.
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 When Justice Prevails written by C. Steven Yerrid and published by . This book was released on 2003 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-known Florida trial lawyer Yerrid here presents eight of his most important cases on medical malpractice, liability, maritime catastrophe, tobacco, intellectual property, and other areas of law. He details his personal experiences with the clients, his preparation for litigation, and the trials themselves. Summaries of the cases and lengthy excerpts from the trails are included.
Download or read book Prenatal Care written by Institute of Medicine and published by National Academies Press. This book was released on 1988-02-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prenatal care programs have proven effective in improving birth outcomes and preventing low birthweight. Yet over one-fourth of all pregnant women in the United States do not begin prenatal care in the first 3 months of pregnancy, and for some groupsâ€"such as black teenagersâ€"participation in prenatal care is declining. To find out why, the authors studied 30 prenatal care programs and analyzed surveys of mothers who did not seek prenatal care. This new book reports their findings and offers specific recommendations for improving the nation's maternity system and increasing the use of prenatal care programs.
Download or read book Medical Malpractice and Compensation in Global Perspective written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2013-10-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
Download or read book Medical Malpractice written by United States. General Accounting Office and published by . This book was released on 1986 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Defensive Medicine and Medical Malpractice written by United States. Congress. Senate. Committee on Labor and Human Resources and published by . This book was released on 1984 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In Praise of Litigation written by Alexandra D. Lahav and published by Oxford University Press. This book was released on 2017 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Praise of Litigation explains how civil society gains from litigation and why it is ultimately a social good.
Download or read book Medical Liability written by United States. Congress. Senate. Committee on Health, Education, Labor, and Pensions and published by . This book was released on 2007 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Just Harvest written by Greg Francis and published by Simon and Schuster. This book was released on 2021-05-18 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a class-action lawsuit against the US government results in a billion dollar settlement for the aggrieved parties, you’d expect the story to be headline news . . .to be posted on social media everywhere . . . to be adapted to film or even to a popular legal procedural series on TV . . . So why then have so many people never heard of Pigford vs. Glickman? Or the follow-up lawsuit, Pigford II? Or the Black Farmers Case, as the pair of these legal actions is often called? Could it be that the heart-wrenching story of Black farmers in America, and the monumental legal case that brought long-sought justice to them, is rarely told because it reflects so poorly on the US and its treatment of those whose ancestors helped make the nation an agricultural giant in the first place? Whatever the reason, the time to tell the full story has come and the person to share the gripping details is Greg Francis, one of the lead counsels in the historic case that finally helped Black farmers achieve equity. In Just Harvest, Francis narrates the dramatic twists and turns of the legal battle fought and won, and evidences the many years of ingrained discrimination and racism that preceded it. Awareness of this story makes us all witnesses to the history still unfolding— and while parts of what is recounted herein will enrage you, the hope is that this book will also inspire, inform, and motivate you to join the continuing fight for the rights of all Black farmers now and in the future.
Download or read book Act of Faith written by Stephen Rubino and published by Dorrance Publishing. This book was released on 2021-11-04 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Act of Faith: America's longest running criminal conspiracy perpetrated against children By: Stephen Rubino www.actoffaithbook.com About the Book In his debut novel, trial attorney Stephen Rubino takes the reader on an electrifying journey of deceit, intrigue, tragedy, passion and ultimate redemption. At the intersection of the sacred and the profane, Act of Faith dissects the Vatican’s complicity in America’s longest criminal conspiracy perpetrated against children. This multi-generational family saga is richly portrayed through an ensemble cast of unforgettable characters, revealing the secret world of the Vatican’s sheltering of sexual predators to avoid bringing scandal to the faithful. Act of Faith offers an unflinching account of the still emerging sexual abuse scandal plaguing the Catholic Church and its impact on the survivors and their families across America. The story chronicles the lives of siblings Francis and Elizabeth Natale, who suffer unspeakable psychological damage after being sexually abused by their trusted parish priest. As adults, Francis and Elizabeth become estranged, each hiding their secrets in dangerous double lives. He as a gifted pianist and sexually conflicted Catholic priest, she as a reckless but highly successful trial attorney. After resigning her partnership in a major New York City law firm, Elizabeth sets out to uncover the roots of the abuse scandal and to exact her personal revenge. On a serendipitous road trip across the country, Elizabeth confronts her lifelong demons and forms an unlikely alliance with Father Thomas Atkinson, her long lost high school love who has become a Vatican whistleblower. After a tense reunion with Francis, the trio enters the super-charged environment of high stakes litigation, exposing the Church’s centuries old practice of hiding sexual predators in plain sight from the religious faithful and law enforcement. Together, the trio brings to the courthouse steps the first Federal Civil Racketeering lawsuit against the Catholic Church.
Download or read book American Juries written by Neil Vidmar and published by Prometheus Books. This book was released on 2009-09-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.
Download or read book When Lawyers Screw Up written by Herbert Kritzer and published by University Press of Kansas. This book was released on 2018-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.
Download or read book The Immortal Life of Henrietta Lacks written by Rebecca Skloot and published by Crown. This book was released on 2010-02-02 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 NEW YORK TIMES BESTSELLER • “The story of modern medicine and bioethics—and, indeed, race relations—is refracted beautifully, and movingly.”—Entertainment Weekly NOW A MAJOR MOTION PICTURE FROM HBO® STARRING OPRAH WINFREY AND ROSE BYRNE • ONE OF THE “MOST INFLUENTIAL” (CNN), “DEFINING” (LITHUB), AND “BEST” (THE PHILADELPHIA INQUIRER) BOOKS OF THE DECADE • ONE OF ESSENCE’S 50 MOST IMPACTFUL BLACK BOOKS OF THE PAST 50 YEARS • WINNER OF THE CHICAGO TRIBUNE HEARTLAND PRIZE FOR NONFICTION NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The New York Times Book Review • Entertainment Weekly • O: The Oprah Magazine • NPR • Financial Times • New York • Independent (U.K.) • Times (U.K.) • Publishers Weekly • Library Journal • Kirkus Reviews • Booklist • Globe and Mail Her name was Henrietta Lacks, but scientists know her as HeLa. She was a poor Southern tobacco farmer who worked the same land as her slave ancestors, yet her cells—taken without her knowledge—became one of the most important tools in medicine: The first “immortal” human cells grown in culture, which are still alive today, though she has been dead for more than sixty years. HeLa cells were vital for developing the polio vaccine; uncovered secrets of cancer, viruses, and the atom bomb’s effects; helped lead to important advances like in vitro fertilization, cloning, and gene mapping; and have been bought and sold by the billions. Yet Henrietta Lacks remains virtually unknown, buried in an unmarked grave. Henrietta’s family did not learn of her “immortality” until more than twenty years after her death, when scientists investigating HeLa began using her husband and children in research without informed consent. And though the cells had launched a multimillion-dollar industry that sells human biological materials, her family never saw any of the profits. As Rebecca Skloot so brilliantly shows, the story of the Lacks family—past and present—is inextricably connected to the dark history of experimentation on African Americans, the birth of bioethics, and the legal battles over whether we control the stuff we are made of. Over the decade it took to uncover this story, Rebecca became enmeshed in the lives of the Lacks family—especially Henrietta’s daughter Deborah. Deborah was consumed with questions: Had scientists cloned her mother? Had they killed her to harvest her cells? And if her mother was so important to medicine, why couldn’t her children afford health insurance? Intimate in feeling, astonishing in scope, and impossible to put down, The Immortal Life of Henrietta Lacks captures the beauty and drama of scientific discovery, as well as its human consequences.
Download or read book Medical Malpractice on Trial written by Paul C. Weiler and published by Harvard University Press. This book was released on 1991 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair. In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries. But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.
