Medical Malpractice and the U.S. Health Care System by William M. Sage, Rogan Kersh

By William M. Sage, Rogan Kersh

Clinical malpractice court cases are universal and arguable within the usa. when you consider that early 2002, medical professionals' assurance rates for malpractice insurance have soared. As Congress and nation governments debate legislation meant to stabilize the price of assurance, medical professionals proceed in charge legal professionals and legal professionals proceed accountable medical professionals and insurance firms. This ebook, that is the capstone of 3 years' finished examine funded via The Pew Charitable Trusts, is going way past the traditional debate over tort reform and connects clinical legal responsibility to broader developments and objectives in American health and wellbeing coverage. Contributions from prime figures in overall healthiness legislation and coverage marshal the simplest on hand info, current new empirical facts, and provide state-of-the-art research of strength reforms related to sufferer defense, legal responsibility coverage, and tort litigation.

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Where do these influences end and defensiveness begin? The separation is further complicated by the fact that what are perceived as defensive practices today may morph into tomorrow’s standard of care. Researchers have used two basic strategies to measure defensive medicine: surveys of providers and analyses that try to link variations in liability environments to variations in practice patterns. 44 Many of the published surveys were conducted by provider organizations, focused on single specialties, and made little attempt to guard against potential exaggerations of the importance of litigation.

Third, it assumes that providers actually internalize a significant proportion of the costs of their own negligence – an assumption called into question by the inaccuracy and insufficiency of claiming and the prevalence of liability insurance among physicians and hospitals. There is little evidence to suggest that the system actually deters negligence in medicine or improves the quality of care. In obstetric care, the best-studied field, research has failed to identify any differences in the quality of care rendered by obstetricians with varying histories of malpractice claims.

Bovbjerg et al. 1989. J. O’Connell 1986; Studdert and Brennan 2001a. Abraham and Weiler 1994b; Sage et al. 1994; Sage 1997. Jacobi and Huberfeld 2001. 34 All liability insurance is by definition “third-party” insurance, meaning that payments on a policy are made not to the policyholder, but to someone else to whom the policyholder becomes obligated within the scope of coverage. This third-party orientation means that, regardless of the intimacy in principle of the physician–patient bond, a patient who becomes a claimant is treated as a stranger.

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