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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The Flaws in State 'Apology' and 'Disclosure' Laws Dilute Their Intended Impact on Malpractice Suits
September 1, 2010 | Journal Article
Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits.
Resolving Medical Malpractice Cases in Health Courts - An Alternative to the Current Tort System
August 15, 2010 | Program Result Report
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.
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.
Insurance Premiums Decline in States Capping Malpractice Payouts, Alabama University Study Finds
December 29, 2007 | Program Result Report
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.
Researchers Study the Trend of Using Arbitration to Resolve Health Care Delivery Problems
September 1, 2002 | Program Result Report
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 Report
Researchers from Duke University Medical Center evaluated the Florida and Virginia administrative no-fault medical malpractice compensation programs for birth-related neurological injuries.
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.
States Develop Strategies to Reduce Medical Errors and Improve Patient Safety Through Hospital Reporting Systems
May 1, 2005 | Program Result Report
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.