... Liability Problem Arthur H. Bernstein, Avoiding Medical Malpractice (Chicago, IL: Pluribus Press, 1987), 162 pp. Kenneth E. Brooten, Jr., and Stu Chapman, Malpractice: A Guide to Avoidance and Treatment (Orlando, FL: Grune and Stratton, Inc., 1987), 232 pp. Marshall B . Kapp, Preventing...

...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...

...Mark A. Peterson Copyright © 1996 by Duke University Press 1996 Editor’s Note Understanding Medical Liability In our last issue, we explored how the aspiration to produce effective, legitimate, and timely public policy in the...

... improvements in geographic, or even patient, population health. Furthermore, despite the lure of health care dollars for population health, there are significant normative and political liabilities to seeking social reform in the cost containment efforts of health care providers. The first section of the...

...Peter D. Jacobson; Matthew L. Kanna This article provides an initial look at how managed care organizations(MCOs) might incorporate cost-effectiveness analysis (CEA) into their decision-making process and how the courts might respond. Because so few medical liability cases directly involve CEA, we...

...Peter D. Jacobson; C. John Rosenquist The escalating cost of medical care in the United States, especially in the past decade, has resulted in efforts to identify the factors contributing to rising costs. One factor often assumed to cause higher medical costs is the physician’s fear of liability...

...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...

...Peter D. Jacobson; Rachel Dahlen Abstract In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to...

...Randall R. Bovbjerg; Lisa C. Dubay; Genevieve M. Kenney; Stephen A. Norton Quantitative analysis of medical liability’s influence on medical practice is a small but growing field. The three foregoing articles illustrate three of the possible analytic approaches: case study of technological...

... media coverage of health reform debates. We also find that proposed expansions to public coverage are presented as a financial liability that could “crowd out” the existing (and popular) public insurance program. Within the context of a predominantly public funded system, framing of incremental...

... contamination continues to be a concern despite federal and state efforts to ease liability fears but also that site and project features can overcome this hurdle. In particular, jurisdictions appear more likely to convert distressed properties into greenspace if recreational parks, rather than open space, are...

...Rosemary Barber-Madden; Jonathan B. Kotch In an era of fiscal constraint, growing poverty, increased uninsuredness, medical liability problems, and increasing costs of maternity care, public and private financing mechanisms are changing rapidly and the service delivery system is increasingly...

...Wayne L. Anderson; Genevieve S. Kenney; Donna J. Rabiner Home care services funded by Medicare and Medicaid grew rapidly throughout most of the 1990s. During this period some state Medicaid programs transferred costs for home care claims to the Medicare program to reduce their liability and...

... approaches, enterprise liability, mandated alternative dispute resolution, and scheduling damages, to streamline the adjudication and compensation system from the perspective of claimants and providers. Research indicates that first-generation reforms have not been very effective in achieving the...

...; and sales of organs of a recently deceased person by the family of the deceased. Two additional issues relate to the design of a market: the geographic scope of the market and rules of liability for the sale of diseased or defective organs. Copyright © 1993 by Duke University Press 1993...

... fallout from this testing. The victims are pressuring the government to accept liability for its actions and offer compensation for the damages. To date, however, their efforts have been largely unsuccessful. This article analyzes the politics of the atomic compensation movement, from its beginnings...

... of that bidding process, and identifies factors which had a significant impact on the implementation experience. Implementation of competitive bidding in Arizona encountered problems which appear to be common to the implementation of innovative public programs. It also uncovered political liabilities...

... remained prominent components of out-of-pocket expenditures. Recent corrosive trends in the protection against out-of-pocket liability are discussed and analyzed. The author contends that the raging debate over the Medicare program must include and recognize the concerns of the elderly consumer...

... procedural requirements. The majority of contested claims arose from pertussis immunizations. For pertussis claims, the goal of insulating manufacturers from product liability suits has been achieved by granting compensation to applicants whose injuries are not scientifically recognized effects of the...

... regulation, innovation through federal funding of research and development, and access by providing services under Medicare. The policies generally coexisted without conflict. However, two recent developments—the advent of cost containment and the expansion of the tort liability system—present a potentially...