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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Will the Patient Protection and Affordable Care Act Address the Problems Associated with Medical Malpractice?
August 1, 2010 | Issue Brief
Brief examines how malpractice reform could affect the amount of money Americans spend on health care and insurance.
Understanding Medical Malpractice Insurance
January 1, 2006 | Report
As a result of rapidly rising medical malpractice insurance premiums, reduced availability of coverage, and financially distressed liability insurers, many states have passed tort reforms. This synthesis examines the medical malpractice "crisis" and the effect of state tort reforms.
Medical Malpractice Reform and Employer-Sponsored Health Insurance
December 1, 2008 | Journal Article
Tort reform has not led to health care cost savings for individuals, raising the question of why consumers should trade off legal rights without economic gains.
Insurance Premiums Decline in States Capping Malpractice Payouts, Alabama University Study Finds
December 29, 2007 | Program Result
Researchers at the University of Alabama at Birmingham examined state medical malpractice reform legislation to evaluate the effects of malpractice reforms on physician malpractice insurance premiums.
Physicians' Views on Defensive Medicine
June 28, 2010 | Journal Article
Defensive medicine in the form of unnecessary tests and procedures by physicians costs an estimated $60 billion annually. This study assessed physicians' beliefs to determine to what extent they practice defensive medicine in order to protect themselves from malpractice lawsuits.