The medical tort system does not deter medical errors, compensates a small percentage of patients affected by negligent care, and is driving shortages in specialty care through rapidly rising insurance rates. New approaches, including an administrative system of health courts may address these issues and improve patient safety.
Medical Malpractice
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Bending the Curve: Person-Centered Health Care Reform
April 29, 2013 | Report
Experts recommend solutions for closing the gaps in quality and efficiency of health care.
Disclosure-And-Resolution Programs That Include Generous Compensation Offers May Prompt A Complex Patient Response
December 1, 2012 | Journal Article
Under “disclosure-and-resolution” programs, health systems disclose adverse events to affected patients and their families; apologize; and, where appropriate, offer compensation.
What Are the Issues Surrounding Medical Liability Reform?
January 1, 2012 | Issue Brief
Some policy-makers, backed by physicians and insurers, advocate tough federal limits on medical malpractice lawsuits as a means to curb the nation’s relentlessly rising health spending.
What Are the Best Ways to Control Medical Liability Costs?
January 1, 2012 | Issue Brief
Experts estimate that medical liability suits cost the U.S. health care system an annual total of about $56 billion in direct litigation costs and the indirect costs of defensive medicine.
Medical Malpractice Myths Clarified at Meharry Session
June 28, 2011 | Story
Reforming medical malpractice rules in ways that will improve care means debunking misconceptions about costs and cases.
New Directions in Medical Liability Reform
April 21, 2011 | Journal Article
New models of response to medical injuries which focus on improving delivery of safe and efficient patient care hold promise.
Medical Malpractice
April 1, 2011 | Report
This Update reviews the evidence concerning the effects of both traditional and innovative medical liability reforms on defensive medicine and medical liability costs.
Medical Malpractice Liability in the Age of Electronic Health Records
November 18, 2010 | Journal Article
The malpractice liability implications of the increased use of electronic health records (EHRs) will vary over the course of EHR adoption into medical practice, ending in a shift in the legal standards of care.
New Studies by RWJF Scholars Focus on Malpractice, Tort Reform, Error Disclosure Laws
September 15, 2010 | Story
Research published in a special issue of "Health Affairs" journal--and featured at a National Press Club event--estimates liability costs at 2.4 percent of overall health care total.
National Costs of the Medical Liability System
September 1, 2010 | Journal Article
Concerns about reducing the rate of growth of health expenditures have reignited interest in medical liability reforms and their potential to save money by reducing the practice of defensive medicine. This article identifies the various components of liability system costs, generates national estimates for each component, and discusses the level of evidence available to support the estimates.