...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 health domain is compromised by impediments to a...

.... 1986 . The Law and the Public's Health, 2nd ed. Ann Arbor, MI: Health Administration Press. Yaggy , Duncan , and Patricia Hodgson, eds. 1987 . Medical Malpractice. Durham, NC: Duke University Press. Review Essay Practical Responses to the Medical Malpractice Liability Problem Arthur H...

...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...

... 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 article...

...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...

... 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...

... 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...

... 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. Copyright...

... several liability doctrine, mandatory pretrial screening, and statute of limitations) and two government-sponsored insurance mechanisms (joint underwriting associations and patient compensation funds). Claims defense expenses are found to be higher in the presence of noneconomic damage caps, punitive...

...Paul J. Barringer; David M. Studdert; Allen B. Kachalia; Michelle M. Mello Periods in which the costs of personal injury litigation and liability insurance have risen dramatically have often provoked calls for reform of the tort system, and medical malpractice is no exception. One proposal for...

... 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...

...Frank A. Sloan; Paula M. Mergenhagen; Randall R. Bovbjerg Tort reforms enacted by state legislatures mainly seek to reduce the rate of increase in medical malpractice insurance premiums and other costs of the professional liability system, such as “defensive medicine.” We examine the effects tort...

... liability for these new health professionals. Among the issues discussed in substantial detail are whether a separate standard of care is appropriate, whether the new professionals might function as independent contractors, and the importance of striking an adequate social balance between improved access to...

... 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...

... 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...

... 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...