Author: Paul C. Weiler
Publisher: Harvard University Press
Release Date: 1993-01
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.
Author: Ilene R. Brenner
Publisher: John Wiley & Sons
Release Date: 2010-09-23
Everyone seeks to avoid getting into a lawsuit, but what do you do if this does happen? Getting sued for medical malpractice is one of the most traumatic events of a physician's career. This text will guide doctors and physicians through the process from the moment they receive a summons until the after-trial appeal process. Containing valuable information that physicians need to know to prevent making critical mistakes that can hurt their case With strategies explained to maximize their chances of a defendant's verdict. Including vital information on how to change your attorney, act at the deposition and dress for court, Navigating through what is a mysterious and terrifying process in non-legalese language that is easy to understand including what makes patients angry, strategies for coping, sample questions and tips on answering them to what happens in court and how to continue if there is a bad outcome.
Author: William Choctaw
Publisher: Springer Science & Business Media
Release Date: 2008-03-26
Written by an MD/JD, this book offers a unique perspective on medical-legal issues surrounding daily clinical practice. It covers all the essentials and tells the inside secrets of how to avoid cases that cost the medical community millions each year. Readers will learn basic law and the ways laws are interpreted. In addition, the book focuses on the law-medicine-politics triangle and its effect on physicians, the impact of — and issues related to — diversity in medical malpractice, and other essential topics. Physicians who better understand malpractice laws are better clinical decision makers who feel more confident in their ability as doctors.
Fourteen-year-old Lauren Allen feels that she has no rights and would like to sue her parents for malpractice, but, with the help of her new elective--Law for Children and Young People--and her new boyfriend, she discovers that her parents want the best for her.Fourteen-year-old Lauren Allen feels that she has no rights and would like to sue her parents for malpractice, but, with the help of her new elective--Law for Children and Young People--and her new boyfriend, she discovers that her parents want the best for her
Author: Daniel P. Kessler
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
Author: Frank J. Landy
Publisher: John Wiley & Sons
Release Date: 2009-09-08
"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
Author: Thomas Koenig
Publisher: NYU Press
Release Date: 2001-08-01
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.
Author: Tom Baker
Release Date: 2011-03-01
Genre: Actions and defenses
n January 2005, President Bush declared the medical malpractice liability system ''out of control.''the president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture ''the medical malpractice myth'' with a talent for reasoned argument and incisiveness. He counters that the real problem is ''too much medical malpractice, not too much litigation,'' and that the cost of malpractice is lost lives and the ''pain and suffering of tens of thousands of people every year'' - most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates.
Author: Frank A. Sloan
Publisher: Oxford University Press
Release Date: 1991-09-26
Genre: Business & Economics
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.
Author: Kenneth De Ville
Publisher: NYU Press
Release Date: 1992-04-01
Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy
Author: W. Kip Viscusi
Publisher: Brookings Institution Press
Release Date: 2004-05-13
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.