... 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...

... Claims and Adverse Events Due to Negligence: Results of the Harvard Medical Practice Study III. New England Journal of Medicine 325 ( 4 ): 245 -251. Petersen , S. K. 1995 . No-fault and Enterprise Liability: The View from Utah. Annals of Internal Medicine 122 ( 6 ): 462 -463. Uzych...

...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...

.... O'Connell , J. 1976 . An Alternative to Abandoning Tort Liability: Elective No-Fault Insurance for Many Kinds of Injuries. Minnesota Law Review 60 : 506 -9. Paulson , L. 1987 . Risk Management Foundation of the Harvard Medical Institutions, Inc.: Obstetrical Claims History for Ten-Year...

... 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...

... 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...

... 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...

... 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...

... 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...

... 112 (4): 515 -519. Bovbjerg, R. R., and F. A. Sloan. 1998 . No-Fault for Medical Injury: Theory and Evidence. University of Cincinnati Law Review 67 (1): 53 -123. Bovbjerg, R. R., F. A. Sloan, and P. J. Rankin. 1997 . Administrative Performance of No-Fault Compensation for Medical Injury...

... Patients in Canada. Canadian Medical Association Journal 170 (11): 1678 -1686. Bovbjerg, R. A., and F. A. Sloan. 1998 . No-Fault for Medical Injury: Theory and Evidence. University of Cincinnati Law Review 67 : 53 -123. Braddell, R. 2005. No-Fault Medical Misadventure Law Ends Finger...

... 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...

... Institutions Faulted for Tests on Children. New York Times , 12 June, B-5 . Cho, Mildred K., and Paul Billings. 1997 . Conflict of Interest and Institutional Review Boards. Journal of Investigative Medicine 45 : 154 . Eichenwald, Kurt. 1998 . Monitoring of Drug Tests Is Faulted. New York Times...

... 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...