A Measure of Malpractice

Author: Paul C. Weiler
Publisher: Harvard University Press
ISBN: 0674558804
Release Date: 1993-01
Genre: Law

A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent-legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.

The Medical Malpractice Myth

Author: Tom Baker
Publisher: University of Chicago Press
ISBN: 9780226036502
Release Date: 2008-09-15
Genre: Law

American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to continue to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim. This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually a great deal more medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Are these lawsuits frivolous? Very rarely. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold about medical malpractice and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability. President Bush has made medical malpractice reform a priority in his last term in office, but if history is any indication, legislative reform would only worsen the situation and perpetuate the gross misunderstanding of it. The debate surely will be transformed by The Medical Malpractice Myth, a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.

Electoral Malpractice

Author: Sarah Birch
Publisher: Oxford University Press on Demand
ISBN: 9780199606160
Release Date: 2011-12-22
Genre: Political Science

"In an online, interconnected world, democracy is increasingly made up of wikis and blogs, pokes and tweets. Citizens have become accidental journalists thanks to their handheld devices, politicians are increasingly working online, and the traditional sites of democracy--assemblies, public galleries, and plazas--are becoming less and less relevant with every new technology. And yet, Democracy and Public Space argues, such views are leading us to confuse the medium with the message, focusing on electronic transmission when often what cyber citizens transmit is pictures and narratives of real democratic action in physical space. Democratic citizens are embodied, take up space, battle over access to physical resources, and perform democracy on physical stages at least as much as they engage with ideas in virtual space. Combining conceptual analysis with interviews and observation in capital cities on every continent, John Parkinson argues that democracy requires physical public space, that some kinds of space are better for performing some democratic roles than others, and that some of the most valuable kinds of space are under attack in developed democracies. He argues that accidental publics like shoppers and lunchtime crowds are increasingly valued over purposive, active publics, over citizens with a point to make or an argument to listen to. This can be seen not just in the way that traditional protest is regulated, but in the ways that ordinary city streets and parks are managed, even in the design of such quintessentially democratic spaces as legislative assemblies. Democracy and Public Space offers an alternative vision for democratic public space, and evaluates 11 cities--from London to Tokyo--against that ideal."--Publisher's website.

Work in the 21st Century

Author: Frank J. Landy
Publisher: John Wiley & Sons
ISBN: 9781405190251
Release Date: 2009-09-08
Genre: Psychology

"Work in the 21st Century" is the most current, engaging, and highly regarded text for the industrial and organizational psychology course. Combining leading research, consulting, and over 40 years' combined teaching expertise, Frank J. Landy and Jeffrey M. Conte provide students with up-to-date examples and cases that link current research and theory to practical issues in the workplace. "Work in the 21st Century" continues to emphasize the scientist-practitioner model, showing students the connection between using the tools of science and the practice of I-O psychology. The third edition retains a number of themes from the prior edition that underscore the multifaceted nature of work such as the increase in cross-cultural work, the diversification of workforces, and the growing complexity of the technical and organizational aspects of work. To this edition the authors add authenticity as a theme, with the goal of preparing students for the 21st-century workplace. KEY FEATURESCutting-edge topics and research coverage: includes the Five Factor Theory of Personality, the Big Eight theory of competencies, emotional intelligence, culture and emotions, genetics and job satisfaction, achieving balance between work and nonwork, stress and violence, measuring motivation, integrity testing, entrepreneurship, computer-based assessment, male vs. female leaders, cross-cultural teams, bullying, and moreModular approach: self-contained sections within chapters provide maximum teaching flexibilityCase studies and high interest boxes: cases and boxes spotlight concrete examples of key issues in work and behavior in various applied settingsClear and articulate explanations: engaging prose and interesting examples make the book accessible to a wide range of studentsAppealing and accessible format: four-color design that brings I-O psychology to life and includes the use of newsmaking color photographs and cartoons carefully chosen to illustrate conceptsAncillaries: Instructor's Manual, Test Bank, Student Study Guide, PowerPoint slides, and Web Resources NEW TO THIS EDITIONOver 480 new references--with more than 80 percent published in 2006 or later to reflect the most current coverage of the rapidly developing field of I-OImportant topics added include socialization and national culture, inclusion, authenticity as a theme in 21st-century work, conditional reasoning and aggressive tendencies, and the increasing role of technology as a workplace stressorExpanded coverage of critical areas such as international and cross-cultural issues, ethical behavior, personality and work behavior, counterproductive work behaviors, entrepreneurial motivation, telecommuting, workplace bullying, and team mental modelsTimely examples and applications of I-O psychology principles including the role of I-O psychologists in the safe landing of US Airways flight 1549 in the Hudson River, the Iraq war, and the creation of a green and sustainable society

Insuring Medical Malpractice

Author: Frank A. Sloan
Publisher: Oxford University Press on Demand
ISBN: 9780195069594
Release Date: 1991
Genre: Literary Criticism

The cost of malpractice insurance to physicians has been increasing in recent years, as has the threat to physicians of being sued. This book describes and analyzes the workings of the market for physicians' liability insurance. The authors use their own data and other sources to study questions such as: Is the market for medical malpractice insurance competitive? Has the profitability of medical malpractice insurance been excessive? Why do malpractice insurers demand reinsurance? What effect has insurance regulation had on premiums? And it explores what experience rating is and how it is done.

Medical Malpractice and the U S Health Care System

Author: William M. Sage
Publisher: Cambridge University Press
ISBN: 113945823X
Release Date: 2006-06-12
Genre: Law

Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance and tort litigation.

In Defense of Tort Law

Author: Thomas Koenig
Publisher: NYU Press
ISBN: 9780814748992
Release Date: 2001-08-01
Genre: Law

Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.

The Effects of Malpractice Pressure and Liability Reforms on Physicians Perceptions of Medical Care

Author: Daniel P. Kessler
Publisher:
ISBN: UOM:39015041796932
Release Date: 1998
Genre: Defensive medicine

present four findings. First, physicians from states enacting liability reforms that directly reduce malpractice pressure experience lower growth over time in malpractice claims rates and in real malpractice insurance premiums. Second, physicians from reforming states report significant relative declines in the perceived impact of malpractice pressure on practice patterns. Third, individual physicians' personal experiences with the malpractice system are a key determinants of the perceived importance

America s Tunnel Vision

Author: Michael Townes Watson
Publisher: Americas Tunnel Vision
ISBN: 9780977620357
Release Date: 2006
Genre: Medical

A thorough, but readable, description of how the insurance and corporate world have taken over patients' access to quality healthcare, and are now capturing the justice system. The book is filled with facts demonstrating insurance companies attempts to hijack patients' rights.

Nursing Malpractice

Author: Charles C. Sharpe
Publisher: Greenwood Publishing Group
ISBN: 0865692866
Release Date: 1999
Genre: Law

Students and professional nurses at any level of clinical practice will find this book to be a vital resource on the basic legal concepts and principles of malpractice, liability, and risk management, and their implications for the profession. The book also provides detailed strategies for dealing with these issues. The content is highly relevant to practitioners in other health care and legal disciplines that collaborate in the delivery of health care. The book addresses the continuing changes in health care, particularly managed care, and rapidly developing technologies that will present new legal issues and questions. This is all done in an accessible, readable, and easy to use format.

Medical Malpractice

Author: Frank A. Sloan
Publisher: Mit Press
ISBN: STANFORD:36105064228831
Release Date: 2008
Genre: Business & Economics

A comprehensive analysis of medical malpractice from legal, medical, economic, andinsurance perspectives that considers why past efforts at reform have not worked and offersrecommendations for realistic, achievable policy changes.

Regulation through Litigation

Author: W. Kip Viscusi
Publisher: Brookings Institution Press
ISBN: 0815798857
Release Date: 2004-05-13
Genre: Law

Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Increasingly, litigation is being used as a financial lever to force companies to accept negotiated regulatory policies—policies that invariably involve less public input and accountability than those arising from government regulation. The process not only usurps the traditional governmental authority for regulation, but also shifts the locus of establishing tax policy from the legislature to the parties involved in the litigation. Citizen interests are not explicitly represented and there is no mechanism to ensure that these outcomes are in society's best interests. By focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations, the contributors to this volume collectively shed light on the likely consequences of regulation through litigation for insurance markets and society at large. They analyze the ramifications of large-scale lawsuits, mass torts, and class actions for the insurance market, and advocate increased public scrutiny of attorney reimbursement and a competitive bidding process for all lawsuits involving government entities as the plaintiffs.

Merit Rating for Physicians Malpractice Premiums

Author: John E. Rolph
Publisher:
ISBN: IND:30000022650414
Release Date: 1991
Genre: Medical care

Using medical malpractice claims data from the Medical Inter-Insurance Exchange of New Jersey, which insures approximately 70 percent of the physicians practicing in the state, this Note analyzes physician negligence. Of the three aspects of the physician's claims history that might be used either alone or in combination--(1) the total number of claims filed against a physician including both paid and unpaid claims (where "unpaid" claims are those for which no indemnity payment is made in the settlement or verdict); (2) the number of paid claims; and (3) the average amount of the indemnity paid on each claim (claims severity)--the author decided to measure an individual's negligence solely by the number of paid claims. He finds evidence that physicians vary widely in their proneness to generate paid claims, but that individuals' claims histories are only moderately accurate in identifying more vs. less claims-prone physicians. This finding limits the potential of deterrent policies that use past claims to target individual physicians.