...Cynthia L. Gallup In 1987, Virginia initiated no-fault compensation for birth-related neurological injuries in an attempt to ensure the availability of malpractice insurance for the state's obstetricians. This paper explores some possible causes for the refusal of Virginia's insurers to write...

... would investigate all CP cases. This proposal would be more equitable than current systems. It would also be less expensive, since it would avoid costly litigation and decrease the cost of obstetrical malpractice insurance. No-Fault Cerebral Palsy Insurance: An Alternative...

... to the editor. Send items to Mark A. Peterson, Editor, 3G03 Forbes Quadrangle, University of Pittsburgh, Pitts- burgh, PA 15260. JHPPL does not edit the communications that it publishes. Medical Malpractice and No-Fault Systems To the editor: Professor Eleanor Kinney’s article “Malpractice Reform...

... of iatrogenic injury, the question of patient compensation is now also considered important, if only because in fault-based tort systems the fear of litigation may itself be a barrier to the disclosure and open discussion of medical error. No-fault systems, by contrast, do not require proof of culpability...

... of the vaccine. In spite of (or because of) this jarring contradiction between the legal and medical understanding of causation, vaccine availability and childhood immunization rates improved during the early years of the plan. The apparent success of the program may encourage the substitution of no-fault...

...Lawrence D. Brown Abstract Academic medical centers (AMCs) are a familiar target of critics who charge the US health care system with indifference to the most pressing needs of the public. AMCs are frequently faulted, for example, for promoting specialization instead of primary care, for favoring...

... of the 33 conferences held up to that time, and four planning meetings for future conferences were observed. The delay in publishing our findings provided an opportunity to examine the changes introduced by NIH; it also allowed us to avoid the criticism of numerous prior evaluations for finding fault...

... to reduce claim frequency and severity and thereby improve the malpractice system primarily from the perspective of providers and insurers. Scholars and interested constituencies developed second-generation reforms, such as use of medical practice guidelines to set the standard of care, various no-fault...

... reserved for the “deserving poor,” and these were originally defined as persons excluded from market relationships through no fault of their own. The Medicaid expansion of the 1980s, however, created a new constituency of poor, and not-so-poor, persons whose actual or predictable medical problems promised...

... Insurance: Virginia Plan. American Bar Association Journal 74 : 35 . Booker, B. 1987 . Liability Insurers Want Exemption from Fund. Richmond Times-Dispatch , March 13 . Bovbjerg, R. R., F. A. Sloan, and P. J. Rankin. 1997 . Administrative Performance of “No-Fault” Compensation for Medical...

...- lems for the replacement compensation system. Many of those difficulties have their origins in the tort system itself.—Sir Geoffrey Palmer, prin- cipal architect of New Zealand’s no-fault accident compensation system This study was supported...

... negligence litigation (Hiatt et al. 1989). Moving the epidemiological and research focus from documenting treatment injury to assessing patient compensation raises broader questions about the regulatory framework, bringing into relief the relative merits of tort and “no-fault” legal systems (e.g...

... to the tort system: no-fault, elimination of any form of tort recovery, the status quo. The Harvard team surveyed a representative sample of 31,000 patients hospitalized in New York State in 1984 to determine the levels of iatro- genic injury and to separate injuries traceable to a provider’s...

... the “great expectations” em- bodied in P.L. 93-641, regarding the capacities of the executive branch of the Federal government, there is a paragraph which begins While the Federal government has, through no fault of its own, fallen far short of those great expectations, most of the health...

... health courts. As Paul Barringer, David Studdert, Allen Kachalia, and Michelle Mello note in their overview piece, there are long-standing pro- posals to create a federal system of no-fault coverage to replace the current state-based medical liability system. The politics of these proposals...

... that address the structural fault lines of race, class, gender, sexuality, and age. This is to Journal of Health Politics, Policy and Law, Vol. 23, No. 6, December 1998. Copyright © 1998 by Duke University Press. 1010 Journal of Health Politics, Policy and Law be welcomed as the existing literature...

.... Berens, Michael J., and Jeremy Manier. 1999. Safeguards Get Trampled in Rush for Research Cash. Chicago Tribune, 5 September. Bernstein, Nina. 1999. Two Institutions Faulted for Tests on Children. New York Times, 12 June, B-5. Cho, Mildred K., and Paul Billings. 1997. Conflict of Interest...

... that the rules of tort law, particularly in the area of product liability, have evolved in favor of plaintiffs. New theories of recovery have expanded the available causes of action. Product cases can be based on negligence, which im- plies fault, or on strict liability, which operates on a no-fault...

.... Newhouse, P. C. Weiler, J. Bayuk, and T. A. Brennan. 1997 . Can the United States Afford a “No-Fault” System of Compensation for Medical Injury? Law and Contemporary Problems 60 ( 2 ): 1 -34. Studdert, D. M., M. M. Mello, A. A. Gawande, T. K. Gandhi, A. Kachalia, C. Yoon, A. L. Puopolo, and T...

...) or personal belongings. There were no planned activities or rehabilita- tion programs for the women, no books, magazines, or games. Yet to fault the deinstitutionalization process at Hilltop because the women were judged objectively, although involved subjectively in the decision- making process, seems...