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litigation

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Journal Article
Journal of Health Politics, Policy and Law (1 February 2004) 29 (1): 11–42.
Published: 01 February 2004
...Jennifer L. Troyer; Herbert G. Thompson, Jr. Government reports indicate that regulations have been ineffective in improving quality of care in many nursing homes. Some analysts feel that litigation against nursing homes may be the result of quality problems that are monitored during the inspection...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1999) 24 (4): 769–804.
Published: 01 August 1999
...Peter D. Jacobson; Kenneth E. Warner Many tobacco control advocates, believing that legislators and regulators have failed to enact and implement sufficiently stringent tobacco control laws, have supported litigation as a means of achieving public health policy goals. In this article, we examine...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1999) 24 (4): 805–810.
Published: 01 August 1999
...: Doubleday. Commentary Tobacco Litigation: Good for the Body but Not the Body Politic R. Shep Melnick...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1999) 24 (4): 811–814.
Published: 01 August 1999
...Marshall B. Kapp Copyright © 1999 by Duke University Press 1999 References Annas , G. J. 1997 . Tobacco Litigation as Cancer Prevention: Dealing with the Devil. New England Journal of Medicine 336 : 304 -308. Center for Social Gerontology (CSG). 1998a . E-mail alert sent to...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1994) 19 (2): 463–467.
Published: 01 April 1994
...Barry R. Furrow Paul C. Weiler, Howard H. Hiatt, Joseph P. Newhouse, William G. Johnson, Troyen A. Brennan, and Lucian L. Leapey. A Measure of Malpractice: Medical Injury, Malpractice Litigation, and Patient Compensation . Cambridge, MA: Harvard University Press, 1993. 178 pp. $29.95 cloth...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1991) 16 (1): 67–85.
Published: 01 February 1991
... decision-making process. This development should be welcomed. Guidelines should prove to be useful as either inculpatory or exculpatory evidence of negligence. They are unlikely to generate much new litigation, although there is some potential for suits against those who issue guidelines, especially if...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 289–313.
Published: 01 April 1996
...Andrew L. Hyams; David W. Shapiro; Troyen A. Brennan The role of practice guidelines in malpractice litigation has been discussed in some theoretical detail. Little information is available, however, on how courts use guidelines or on the effort of state legislatures to explicitly link guideline...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2017) 42 (6): 1065–1098.
Published: 01 December 2017
.../SUD services in the private health insurance market and through certain public insurance programs. However, in the intervening years, litigation has been brought by numerous parties alleging violations of insurance parity. We examine the critical issues underlying these legal challenges as a framework...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2006) 31 (2): 385–394.
Published: 01 April 2006
...Wendy E. Parmet Martha A. Derthick. Up in Smoke: From Legislation to Litigation in Tobacco Politics. Washington, DC: Congressional Quarterly Inc., 2002. 248 pp. $27.00 paper. Robert Rabin and Stephen D. Sugarman, eds. Regulating Tobacco . Oxford: Oxford University Press, 2001. 299 pp...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2014) 39 (4): 781–809.
Published: 01 August 2014
...Charlene Harrington; Julie Stockton; Sarah Hooper Abstract This article examines the effects of state regulation and civil class action litigation on corporate compliance with nurse staffing and quality standards, corporate strategies to manage staffing and quality, and corporate financial status...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2003) 28 (2-3): 387–420.
Published: 01 June 2003
...William M. Sage “Regulation by litigation” is a recently recognized trend in American legal governance that develops differently in each economic sector it affects. In health care, widespread litigation can be viewed as the product of three partial transformations: incomplete industrialization...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2019) 44 (2): 267–301.
Published: 01 April 2019
...Sarah Staszak Abstract Alongside the dramatic growth in the use of mandatory, binding arbitration in the United States, proposals to use arbitration in lieu of medical malpractice litigation have proliferated as a mechanism for providing a more efficient and less costly way to resolve disputes...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 409–428.
Published: 01 April 2001
... -255. JHPPL 26.2-11 Morreim 3/22/01 12:18 PM Page 409 Commentary From the Clinics to the Courts: The Role Evidence Should Play in Litigating Medical Care...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 785–818.
Published: 01 October 2007
... persuasive evidence of clinical effectiveness. In response, many women sued to compel coverage. After years of litigation and the expenditure of approximately $3 billion, randomized clinical trials (RCTs) showed that the procedure was no more effective and possibly more harmful than conventional therapy. To...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2002) 27 (3): 465–494.
Published: 01 June 2002
... highlight both the promise and the pitfalls of relying on courts to correct deficiencies in public managed care programs. This article argues that while litigation over inadequacies in Medicare and Medicaid managed care can serve an important signaling function in alerting agencies and legislatures about...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2002) 27 (5): 833–854.
Published: 01 October 2002
... 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, and...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2001) 26 (2): 327–368.
Published: 01 April 2001
...Arnold J. Rosoff This article examines how courts are likely to apply evidence-based medicine, and particularly clinical practice guidelines (CPGs), in healthcare litigation involving quality-of-care and entitlement-to-benefits (coverage)claims. Exploring the “politics” of the current situation, it...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1992) 17 (3): 463–482.
Published: 01 June 1992
... some out-of-pocket expenses. These findings suggest that physicians respond to the messages sent by litigation in a manner consistent with the deterrent theory of tort litigation. Copyright © 1992 by Duke University Press 1992 References ACOG (American College of Obstetricians and...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 315–346.
Published: 01 April 1996
..., major changes were made in the law governing malpractice litigation. We determine the effect of these changes and of various other factors affecting medical malpractice claims. We analyze the effect of a statute that was designed to curtail “forum shopping” by attorneys for plaintiffs. This statute was...
Journal Article
Journal of Health Politics, Policy and Law (1 December 1986) 11 (4): 671–696.
Published: 01 December 1986
... regulation is increasingly focused on excluding the “high-risk” individual from jobs. In the absence of social protections from these economic and social harms, citizens have used tort and civil rights litigation to resist preventive health measures. Copyright © 1986 by Duke University Press 1986 The...