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plaintiff

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Journal Article
Journal of Health Politics, Policy and Law (1 October 2010) 35 (5): 797–828.
Published: 01 October 2010
... information exchange. Defense lawyers were less likely than plaintiff attorneys to mediate. Both plaintiff and defense attorneys were satisfied with the process, as were plaintiffs, hospital representatives, and insurers. Changes in hospitals' practices or policies to improve patient safety were identified...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 785–818.
Published: 01 October 2007
... understand whether and how litigation contributed to the diffusion of the procedure, we conducted a series of case studies that examine the litigation tactics and strategies used by defense and plaintiffs' counsel. Despite the fact that HDC/ABMT lacked proven scientific effectiveness, insurance defense...
Journal Article
Journal of Health Politics, Policy and Law (1 April 2013) 38 (2): 225–241.
Published: 01 April 2013
...Charles Fried At first, few constitutional experts took seriously the argument that the Patient Protection and Affordable Care Act exceeded Congress's power under the commerce clause. The highly political opinions of two federal district judges — carefully chosen by challenging plaintiffs — of no...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1978) 3 (3): 375–387.
Published: 01 June 1978
... objectives of Titles XIX and IV-A, respectively, of the Social Security Act. In the Georgia case, however, the plaintiffs contended that federal regulations protecting human subjects were applicable to the experiment at issue. While the precedent of past cases upholding the Secretary's authority to approve...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 843–865.
Published: 01 October 2007
... plaintiffs, attorneys, medical providers, and malpractice insurers in the intended way is crucial to policy makers, if they are to achieve their goal. This study specifically examines the effect of reforms on the claims defense efforts of insurers, given that defense expenses account for approximately 30...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2008) 33 (4): 799–832.
Published: 01 August 2008
...Amy Widman; Francine A. Hochberg This commentary responds to the essay by Elliott, Narayan, and Nasmith wherein they propose that the federal government may preclude plaintiffs with medically inflicted injuries from bringing state common-law tort claims against those whose negligence caused their...
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 June 2015) 40 (3): 577–588.
Published: 01 June 2015
.... Burwell , and Indiana v. IRS . The plaintiffs argue that the statute is clear and forecloses any possibility of tax credits in federal exchanges. The government argues that the statute plainly authorizes tax credits in federal exchanges, or is at least ambiguous on the question. Mere disagreement is not...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 575–576.
Published: 01 June 2015
... the “ v. Burwell ” cases ( King v. Burwell , Halbig v. Burwell , Pruitt v. Burwell , and Indiana v. IRS) are a set of related lawsuits in which the plaintiffs argue that the text of the Affordable Care Act (ACA) only allows for subsidies on state-run exchanges, and therefore the practice by the...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1987) 12 (2): 371–375.
Published: 01 April 1987
... the twentieth. And just as the machine accident spawned a new set of legal rules to apportion blame and compensate victims, so the mass toxic tort is shaking up the old system of corrective justice known as tort law. In the traditional tort case, an individual plaintiff and individual...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1985) 10 (1): 7–32.
Published: 01 February 1985
Journal Article
Journal of Health Politics, Policy and Law (1 June 1986) 11 (3): 525–535.
Published: 01 June 1986
... experience sheds light on some signif- icant questions: Does the panel system lower legal costs for either the defendant or the plaintiff? Does the panel system shorten the time it takes for a case to be resolved? Is there any evidence that the panel system aids in the settlement of meritorious...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 289–313.
Published: 01 April 1996
...” physician-defendants. Whether all of the “one-way street” sys- tems pass constitutional muster in their respective states remains to be seen. The contrasting perspective we present is that of the courts and mal- practice plaintiffs’ and defense attorneys. We also trace the use of guide- lines through...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1984) 9 (2): 315–322.
Published: 01 April 1984
... hospital might subsequently be subjected to potential public exposure under the provi- sions of freedom of information? The case; Head v. Colloton & Filer Materialfacts. The plaintiff, William Head, was a leukemia victim undergo- ing chemotherapy in a Texas clinic; his illness was in...
Journal Article
Journal of Health Politics, Policy and Law (1 December 2017) 42 (6): 1065–1098.
Published: 01 December 2017
... case law through which courts directly interpret and enforce requirements, patterns in the topics under litigation also have the potential to mark where gaps in regulation or public enforcement mechanisms exist or where plaintiffs' expectations for legal protection might systematically differ from the...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1985) 9 (4): 629–646.
Published: 01 August 1985
... changes potentially affect the frequency of claims, the likelihood of judicial determination in favor of the plaintiff, and the size distribution of settlements. Expected payouts of insurers, as well as projected administrative costs and profit margins, are in turn reflected in premiums.' Thus, by...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1999) 24 (2): 275–304.
Published: 01 April 1999
... a successful malpractice case, the plaintiff has the burden of proving multiple requirements. First, it must be proved that there existed a professional duty on the part of the physician toward the plaintiff, in other words, that a physician-patient relationship had been established. Second...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2015) 40 (3): 445–446.
Published: 01 June 2015
... exchanges: the text of the law specifically mentions only state-run exchanges in relation to subsidies. If the Supreme Court rules in the plaintiff's favor, subsidies for insurance purchased on federal exchanges would end unless Congress moves forward with a technical clarification to allow it, which this...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1983) 8 (1): 99–119.
Published: 01 February 1983
... of a tort is of substantial importance in the disposition of a case: it has a lot to do with whether a plaintiff might recover damages and, if so, in what amount. How a complaint is formulated affects a variety of issues, such as whether harm must be demonstrated, whether expert...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2003) 28 (2-3): 387–420.
Published: 01 June 2003
... class-action plaintiffs—even sophisticated parties, such as states—agreed to pay large contingent fees to plaintiffs’ lawyers. Because litigation seemed unprofitable, criticism of the tobacco industry found its outlet primarily through regulation. Tobacco’s political base was regional rather than...