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tort

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Journal Article
Journal of Health Politics, Policy and Law (1 June 1991) 16 (3): 465–482.
Published: 01 June 1991
... . Personal Communication. Chicago, IL: AMA Department of State Legislation (July). Blumstein , James E , Randall R. Bovbjerg, and Frank A. Sloan. 1991 . Beyond Tort Reform: Developing Better Tools for Assessing Damages for Personal Injuries. Yale Journal on Regulation 8 ( Winter ): 171 -212...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1999) 24 (2): 275–304.
Published: 01 April 1999
... characterized as a faith in the technocratic wish. In the 1990s, this faith in objective decision procedures has manifested itself through the emergence of outcomes assessment and the development of practice guidelines. Notably, a few states have sought to couple the practice guidelines movement with tort...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1992) 17 (1): 143–161.
Published: 01 February 1992
...Drucilla K. Barker I use statewide loss ratio data to assess empirically the manner in which tort reforms have affected relative prices and profitability, and underwriting risk in the medical malpractice insurance industry. The empirical evidence suggests that the imposition of statutory ceilings...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 267–288.
Published: 01 April 1996
... articles, like others, offer considerable illumination but leave much uncovered. Defensive medicine surely exists, but its effects on health care spending and access are unclear. The most important lessons for public policy are that tort reform may be necessary but not sufficient to reduce the problems...
Journal Article
Journal of Health Politics, Policy and Law (1 August 1989) 14 (4): 663–689.
Published: 01 August 1989
...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...
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 June 1992) 17 (3): 463–482.
Published: 01 June 1992
...Ann G. Lawthers; A. Russell Localio; Nan M. Laird; Stuart Lipsitz; Liesi Hebert; Troyen A. Brennan We explore the deterrent effect of the tort system by assessing physician perceptions of the risk of being sued and the impact of those perceptions on their own practice. The data are from a mailed...
Journal Article
Journal of Health Politics, Policy and Law (1 June 1986) 11 (3): 501–523.
Published: 01 June 1986
... 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...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2008) 33 (4): 725–760.
Published: 01 August 2008
...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...
Journal Article
Journal of Health Politics, Policy and Law (1 April 1996) 21 (2): 219–241.
Published: 01 April 1996
...Peter A. Glassman; John E. Rolph; Laura P. Petersen; Melissa A. Bradley; Richard L. Kravitz Whether personal malpractice experience is part of a tort signal prompting physicians to practice defensively is unclear. To explore this issue further, we assessed how physicians’ malpractice experiences...
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...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1995) 20 (1): 99–135.
Published: 01 February 1995
... compensation and deterrence goals of tort, whereas second-generation reforms hold greater promise of doing so. This analysis of state and federal legislation indicates that states, and more recently Congress, have been reluctant to adopt second-generation reforms but continue to promote and/ or adopt first...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2005) 30 (3): 375–426.
Published: 01 June 2005
... safety and health care quality improvement, is now being shaped by top-down regulation through statutes and administrative agency oversight, as well as bottom-up drivers such as tort litigation and the forces of the consumer-driven health care market. Patient safety today exemplifies that eclectic mix of...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1999) 24 (1): 27–58.
Published: 01 February 1999
... and implementation of patient safety measures may not occur without considering important legal issues that may impede these health policy efforts. Tort and contract law may interact with the vagaries of managed care to limit participation in these error reduction efforts by health care providers as...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1999) 24 (1): 59–90.
Published: 01 February 1999
... compensation plans for tort-based consumer protection for other products, both medical and nonmedical. Copyright © 1999 by Duke University Press 1999 References Ad Hoc Committee for the Child Neurology Society Consensus Statement on Pertussis Immunization and the Central Nervous System. 1991...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2001) 26 (4): 767–788.
Published: 01 August 2001
... political and legal forces underlying the dispute and analyzes the Supreme Court's unanimous rejection of the notion of federally imposed duties for HMOs. In the absence of ERISA fiduciary obligations, attention must now shift to developments in state tort law, the scope of federal ERISA preemption, and the...
Journal Article
Journal of Health Politics, Policy and Law (1 June 2000) 25 (3): 499–526.
Published: 01 June 2000
... scheme's jurisdictional integrity has emerged as a key challenge for policy makers in Florida. We explore the relationship that has emerged between NICA and the tort system as competing avenues for families to obtain compensation for severe birth-related neurological injury. By linking NICA claims data...
Journal Article
Journal of Health Politics, Policy and Law (1 February 1979) 4 (1): 30–47.
Published: 01 February 1979
...Matthew W. Chapman; Jane Cassels Record The future of physician's assistants and nurse practitioners will be shaped at least in part by whether, and on what terms, they are defensible at law. This paper explores the way in which the principles of tort law might define primary and secondary...
Journal Article
Journal of Health Politics, Policy and Law (1 October 2007) 32 (5): 843–865.
Published: 01 October 2007
... percent of malpractice premiums. Using state data for the period 1998-2002, we regress claims defense expenses against a variety of reform variables. These include seven tort reforms (noneconomic damage caps, punitive damage limits, attorney fee limits, modified collateral source rule, modified joint and...
Journal Article
Journal of Health Politics, Policy and Law (1 August 2008) 33 (4): 761–798.
Published: 01 August 2008
... pursued in a federal administrative forum while other claimants are left to pursue traditional state tort law remedies be constitutional (the equal protection issue)? The article concludes that a federal compensation system through administrative health courts should be constitutional provided the statute...