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.
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.
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.
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.
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.
Can the No-Fault Approach Contain Malpractice Insurance Costs?
September 1, 2002 | Program Result
Researchers from Duke University Medical Center evaluated the Florida and Virginia administrative no-fault medical malpractice compensation programs for birth-related neurological injuries.
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.
States Develop Strategies to Reduce Medical Errors and Improve Patient Safety Through Hospital Reporting Systems
May 1, 2005 | Program Result
From 2000 to 2003, staff at the National Academy for State Health Policy assisted state officials in developing strategies to reduce medical errors and improve patient safety through mandatory hospital reporting systems.