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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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.
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.
Low Costs of Defensive Medicine, Small Savings from Tort Reform
September 1, 2010 | Journal Article
In this paper, the authors present the costs of defensive medicine in 35 clinical specialties to determine whether malpractice liability reforms would greatly reduce health care costs.
Malpractice Reform ¿ Opportunities for Leadership by Health Care Institutions and Liability Insurers
April 15, 2010 | Journal Article
The authors examine three "disclosure and offer" models which may balance the interests of providers and patients better than the existing malpractice system.
Creating Health Courts Through Consent
July 1, 2008 | Report
This product was provided to the Robert Wood Johnson Foundation by the grantee organization, Common Good Institute, Inc.
Resolving Medical Malpractice Cases in Health Courts - An Alternative to the Current Tort System
August 15, 2010 | Program Result
Common Good Institute staff and researchers at the Harvard School of Public Health developed and promoted an administrative alternative, called health courts, to the current tort system for resolving medical malpractice cases.
The Role of Medical Liability Reform in Federal Health Care Reform
July 2, 2009 | Commentary
This article explores three reasons why bundling both medical liability reform and health care reform may prove valuable in health care reform development.
Obstacles Block Testing New Ways to Resolve Medical Malpractice Cases
September 1, 2002 | Program Result
The Private Adjudication Center, an affiliate of Duke University School of Law, wrote a paper and held a conference examining issues regarding the use of court-ordered arbitration in medical malpractice cases.
Researchers Study the Trend of Using Arbitration to Resolve Health Care Delivery Problems
September 1, 2002 | Program Result
Researchers at the RAND Corporation conducted the first phase of a two-phase project to evaluate the pattern of use of binding arbitration agreements by California health care plans and providers and their effect on dispute outcomes.