Download or read book Why the Medical Malpractice Crisis Persists Even When Malpractice Insurance Premiums Fall written by Marc A. Rodwin and published by . This book was released on 2015 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns that medical malpractice premiums continue to grow unabated has led to numerous proposals to change liability rules and reform tort laws. Not only would proposed legislation make lawsuits more difficult for plaintiffs, but the bills do not address the real source of the problems they intend to solve. Premiums are not rising as claimed and even if they were, other factors are contributing to the plight of physicians. But in fact, the claim that malpractice premiums are an unbearable burden for most physicians is myth, not fact.The first section of this article will examine how this myth began and the proposed legislative remedies it spawned. It will show that junk data has been used to support legislation and it will then introduce more reliable data bearing on these issues. Next, this article will describe other factors that are rarely mentioned but that have important effects on the cost of medical practice and physician income. If doctors are truly closing up shop, it's not because of malpractice insurance premiums. This article will then examine one AMA-declared “crisis state” to see if there are indeed crises in some selected states, even if there is no crisis nationally. As will be explained, there are not. The study of individual states reveals that there are premium cycles, that recent premium increases reflect these cycles, and that rates will probably fall as they have in the past following an increase. Finally, this article will offer insight into why physicians continue to perceive a crisis despite the data presented and what the future may hold for reform.
Download or read book Medical Malpractice Myths and Realities written by Thomas Owen McGarity and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is suffering both from a healthcare crisis, one of the symptoms of which is an unnecessarily high number of malpractice injuries, and from an insurance crisis. There is, however, no tort lawsuit crisis - in medical malpractice liability or otherwise. The insurance industry, managed-care companies, and organizations representing healthcare providers have invested a great amount of money in political contributions and media campaigns to convince policy-makers and the public that the civil justice system is fraught with meritless claims and is consequently the cause of the recent increase in malpractice premiums. But a mounting number of studies are finding that the tort system in general and malpractice liability in particular have been quite stable for the past two decades. And examinations of insurance industry practices reveal insurers' business decisions as the source of premium volatility - not the amount insurers are paying out on malpractice claim. More specifically, the recent premium spikes were insurance companies' attempt to make up for losses that they incurred as a result of offering artificially low premiums to increase their market share and depending instead on projected income from risky investments to meet future payout obligations. In addition to shifting the blame for skyrocketing malpractice premiums from insurance companies to the civil justice system, corporate interests and the politicians they support have shifted the blame for the alarming lack of access to affordable, quality healthcare from the for-profit entities that run the U.S. healthcare system to malpractice victims and their attorneys. More specifically, advocates of restrictions on medical malpractice liability claim that rampant lawsuit abuse is driving physicians to practice so-called defensive medicine and to leave the medical field, both of which increase healthcare costs and diminish healthcare availability. Given the overwhelming evidence of stability in the civil justice system, it is not surprising that neither the defensive-medicine claim nor the physician-flight claim withstand empirical scrutiny. The Bush administration's primary support for the claim that doctors are ordering unnecessary tests and procedures out of fear of being sued in a study that two non-partisan congressional research agencies have dismissed as unreliable because it projects extremely limited findings onto the entire nation. More appropriately designed studies have found little or no evidence that fear of liability results in unnecessary medical expenditures. And regarding the supposed physician flight, the Government Accountability Office recently reported that the physician supply in this country has been increasing faster than the population for the past decade. In short, the Bush administration, other tort reform politicians, and big businesses have fabricated a lawsuit crisis to defraud the American people of their right to redress for wrongful injury and their ability to hold the perpetrators - no matter how wealthy and powerful - accountable in the civil justice system. Information readily available to the administration and federal legislators promoting tort reform makes clear that civil justice system is not inundated with baseless claims, that insurance companies' losses in malpractice lawsuits are not driving premium hikes, that doctors are not disappearing, and that there is no surge in defensive medicine responsible for increased healthcare costs. Thus, the restrictions on medical malpractice liability that President Bush insists Congress must enact serve only to provide immunity (1) for healthcare providers who commit malpractice by denying victims access to the courts, and (2) for insurance companies, who raised premiums to recover from losses incurred as a result of their imprudent business practices and who now seek to evade responsibility for this imprudence and to maximize future profits by blaming malpractice victims for the premium hikes. Furthermore, the healthcare crisis will continue as long as the nation's focus remains fixed on a chimerical cause of that crisis - i.e., the civil justice system - instead of the real causes - i.e., the insurance, managed-care, and pharmaceutical industries that largely control healthcare delivery in the United States. Addressing the healthcare crisis requires ensuring everyone access to quality healthcare, which, in turn, requires reining in these corporations, not immunizing them from citizens' check on the public health risks posed by their profit-maximizing behavior.
Download or read book Health Care Law and Ethics written by Mark A. Hall and published by Aspen Publishing. This book was released on 2018-02-26 with total page 2303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. Key Features: New authors Nick Bagley and Glenn Cohen Incorporated anticipated changes to the Affordable Care Act More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse” Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby) Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement)
Download or read book Health Care Ethics and the Law written by Donna K. Hammaker and published by Jones & Bartlett Publishers. This book was released on 2016-02-26 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text engages students with the ethical decisions faced by health care professionals every day. Based on principles and applications in health care ethics and the law, this text extends beyond areas that are often included in discussions of political philosophy and the principles of justice.
Download or read book Torts written by Aaron D. Twerski and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written first and foremost as a teaching tool, Torts: Cases and Materials, is a casebook that engages students without avoiding the hard questions. Modeled on the venerable Prosser casebook, but intended to be modern, accessible, and yet sophisticated, this book consistently gets high marks from students for being clear, user-friendly, and not playing hide-the-ball like so many other casebooks. Challenging hypotheticals and authors’ dialogues engage students while allowing instructors to probe more deeply into ambiguous or developing areas of law. The book’s manageable length makes it ideal for a three- to four-hour introductory Torts course. New to the Fifth Edition: Cases that are judiciously edited, so as to let the judges’ voices be heard, along with the inclusion of dissenting opinions where important. Numerous recent cases have been added both in the notes and as principal cases, while old material has been pruned back to reduce unnecessary bulk. Continued integration of the Third Restatement throughout the book, including caselaw development following the new Restatement (particularly in the area of foreseeability, duty, and proximate cause). Professors and student will benefit from: Text designed to clarify the law, not further befuddle students. Explanations, note cases, and hypotheticals that are aimed at increasing understanding. Writing style written in a conversational manner to be plain-spoken and transparent about both the law and the authors’ pedagogical goals.
Download or read book Health Care Management and the Law written by Donna K. Hammaker and published by Jones & Bartlett Learning. This book was released on 2017-03-02 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Care Management and the Law-2nd Edition is a comprehensive practical health law text relevant to students seeking the basic management skills required to work in health care organizations, as well as students currently working in health care organizations. This text is also relevant to those general health care consumers who are simply attempting to navigate the complex American health care system. Every attempt is made within the text to support health law and management theory with practical applications to current issues.
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 Innovative Solutions to Medical Liability written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and published by . This book was released on 2006 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Liability Insurance Crisis written by United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Economic Stabilization and published by . This book was released on 1987 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Medical Malpractice Crisis written by Myron Brenton and published by . This book was released on 1985 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Examining the Single payer Health Care Option written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Health, Employment, Labor, and Pensions and published by . This book was released on 2010 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insuring Medical Malpractice written by Frank A. Sloan and published by Oxford University Press. This book was released on 1991-09-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cost of malpractice insurance to physicians has been increasing in recent years, as has the threat to physicians of being sued. This book describes and analyzes the workings of the market for physicians' liability insurance. The authors use their own data and other sources to study questions such as: Is the market for medical malpractice insurance competitive? Has the profitability of medical malpractice insurance been excessive? Why do malpractice insurers demand reinsurance? What effect has insurance regulation had on premiums? And it explores what experience rating is and how it is done.
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 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 Medical liability new ideas for making the system work better for patients hearing written by and published by DIANE Publishing. This book was released on with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Corporatization of American Health Care written by J. Warren Salmon and published by Springer Nature. This book was released on 2020-12-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the authors, as policy analysts, examine the overall context and dynamics of modern medicine, focusing on the changing conditions of medical practice through the lens of corporatization of medicine, physician unionization, physician strikes, and current health policy directions. Conditions affecting the American medical profession have been dramatically altered by the continuing crises of cost increases, quality concerns, and lack of access facing our population, along with the ongoing corporatization toward bottom-line dictates. Pressures on practitioners have been intensifying with much greater scrutiny over their clinical decision-making. Topics explored among the chapters include: History of the Corporatization of American Medicine: The Market Paradigm Reigns Pharmaceuticals, Hospitals, Nursing Homes, Drug Store Chains, and Pharmacy Benefit Manager/Insurer Integration Medical Practice: From Cottage Industry to Corporate Practice Medical Malpractice Crisis: Oversight of the Practice of Medicine Big Data: Information Technology as Control over the Profession of Medicine Physician Employment Status: Collective Bargaining and Strikes The Corporatization of American Health Care offers different perspectives with the hopes that physicians will unite in a new awareness and common cause to curtail excessive profit-making, renew professional altruism, restore the charitable impulse to health provider institutions, and unite with other professionals to truly raise levels of population health and the quality of health care. It is also a necessary resource for health policy analysts, healthcare administrators, health law attorneys, and other associated health professions.
