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defense

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Journal Article
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 843–865.
Published: 01 October 2007
... plaintiffs, attorneys, medical providers, and malpractice insurers in the intended way is crucial to policy makers, if they are to achieve their goal. This study specifically examines the effect of reforms on the claims defense efforts of insurers, given that defense expenses account for approximately 30...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2007) 32 (2): 221–246.
Published: 01 April 2007
... Population and Health Care Expenditure: A Red Herring? Health Economics 8 : 485 -496. Protecting Medicare: The Best Defense Is a Good Offense Joseph White...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 185–220.
Published: 01 April 1996
... practice of defensive medicine, in which physicians order tests and procedures primarily because of fear of malpractice liability. In this article, we discuss the issues raised by different definitions of defensive medicine and propose a working definition to guide measurement of the concept. We also...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1979) 4 (1): 30–47.
Published: 01 February 1979
...Matthew W. Chapman; Jane Cassels Record The future of physician's assistants and nurse practitioners will be shaped at least in part by whether, and on what terms, they are defensible at law. This paper explores the way in which the principles of tort law might define primary and secondary...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 219–241.
Published: 01 April 1996
...Peter A. Glassman; John E. Rolph; Laura P. Petersen; Melissa A. Bradley; Richard L. Kravitz Whether personal malpractice experience is part of a tort signal prompting physicians to practice defensively is unclear. To explore this issue further, we assessed how physicians’ malpractice experiences...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 243–266.
Published: 01 April 1996
... resources than is the practice of defensive medicine. These findings may be helpful to health policy makers, physicians, administrators, and legislators considering choices for health care reform in general and for medical liability reform in particular. Copyright © 1996 by Duke University Press 1996...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 267–288.
Published: 01 April 1996
... articles, like others, offer considerable illumination but leave much uncovered. Defensive medicine surely exists, but its effects on health care spending and access are unclear. The most important lessons for public policy are that tort reform may be necessary but not sufficient to reduce the problems...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2015) 40 (6): 1157–1177.
Published: 01 December 2015
...Katherine Baicker; Bill J. Wright; Nicole A. Olson Abstract There is ongoing policy debate about the potential for malpractice liability reform to reduce the use of defensive medicine and slow the growth of health care spending. The effectiveness of such policy levers hinges on the degree to which...
Includes: Supplementary data
Journal Article
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 785–818.
Published: 01 October 2007
... understand whether and how litigation contributed to the diffusion of the procedure, we conducted a series of case studies that examine the litigation tactics and strategies used by defense and plaintiffs' counsel. Despite the fact that HDC/ABMT lacked proven scientific effectiveness, insurance defense...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2010) 35 (5): 797–828.
Published: 01 October 2010
... information exchange. Defense lawyers were less likely than plaintiff attorneys to mediate. Both plaintiff and defense attorneys were satisfied with the process, as were plaintiffs, hospital representatives, and insurers. Changes in hospitals' practices or policies to improve patient safety were identified...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1999) 24 (2): 275–304.
Published: 01 April 1999
... reform by enacting demonstration projects permitting physicians to introduce evidence that they followed practice guidelines as an affirmative defense. In this article, I argue that even though the introduction of practice guidelines may promote the policy objective of cost-effectiveness in the delivery...
Journal Article
Journal of Health Politics, Policy and Law (1 December 1998) 23 (6): 949–973.
Published: 01 December 1998
... efficiencies defense is shown to be difficult to make even when economies of scale make the likelihood of efficiencies high. The financial difficulties of many rural hospitals, especially in areas where too many exist, mean that mergers such as this one in Ukiah often are an efficient way to keep these...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2004) 29 (6): 1109–1152.
Published: 01 December 2004
...C. Lee Harrington This article reports on a qualitative study of defense attorneys'perceptions of the mental competence or rationality of death row inmates'decisions to waive habeas appeals and proceed directly to execution. Interviews were conducted with twenty attorneys who have either directly...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2000) 25 (2): 283–308.
Published: 01 April 2000
... reimbursements for health care costs, private qui tam claims have far expanded beyond their traditional purview of defense contracts into the field of health care. By 1997, health care providers were the targets of 54 percent of the 530 private qui tam lawsuits filed that year. © 2000 by Duke University Press...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1995) 20 (1): 99–135.
Published: 01 February 1995
...-generation reforms. The strength of the provider lobby, concerns of health care reformers about the relationship between defensive medicine and health system costs, and lack of an organized consumer force for second-generation malpractice reform are important explanations of why the states and Congress have...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1980) 5 (3): 498–513.
Published: 01 June 1980
...Kathryn M. Langwell; Jack L. Werner The problem of professional liability claims and impact on the medical care market has become increasingly important in recent years. Professional liability insurance premiums, and the practice of defensive medicine by physicians in response to potential...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1984) 9 (2): 291–313.
Published: 01 April 1984
...' rights, but most professionals oppose recognizing this most extreme right of treatment refusal. Professional opposition to treatment refusal is not based on a wide extent of actual refusal; rather it derives from a defense against challenges to professional and institutional autonomy, an opposition to...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1999) 24 (3): 489–529.
Published: 01 June 1999
...Marie Gottschalk During the battle over comprehensive health care reform in the early 1990s, organized labor was not only unable to put together a winning coalition but also found itself divided and on the defensive as it struggled to prevent any further erosion of the private-sector safety net of...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1980) 4 (4): 675–690.
Published: 01 August 1980
...Andrew K. Dolan This article surveys recent developments in federal antitrust law regarding the health professions and the delivery of medical care. In the last four years there has been a steady erosion of the affirmative defenses traditionally available to health care providers, both...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 289–313.
Published: 01 April 1996
... compliance with malpractice defenses. We review all relevant case law and legislative enactments to shed light on the influence of medical malpractice on guidelines. We also use data from a nationwide survey of malpractice attorneys to supplement our legal analysis. Although guidelines are being used for...