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Medical Malpractice
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Medical Malpractice
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Journal Article
Medical Malpractice
2004
Overview
This Health Policy Report describes the malpractice system in the United States, examines its shortcomings, and analyzes the forces that have led to past and current malpractice crises. The authors review options for reform of the U.S. malpractice system. Conventional tort reforms include caps on damages, limits on attorneys' fees, and shortening of the statute of limitations. Experts have also proposed major system reforms, such as enterprise liability or administrative compensation.
Options for reform of the American malpractice system.
Few issues in health care spark as much ire and angst as medical-malpractice litigation. Physicians revile malpractice claims as random events that visit unwarranted expense and emotional pain on competent, hardworking practitioners. Commentators lament the “lawsuit lottery,” which provides windfalls for some patients, but no compensation for the vast majority of patients injured by medical care.
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Within the health care industry, there is a nearly universal belief that malpractice litigation has long since surpassed sensible levels and that major tort reform is overdue.
Yet the drive to litigate continues. Plaintiffs' attorneys and some consumer groups interpret providers' grievances as . . .
Publisher
Massachusetts Medical Society
Subject
Biological and medical sciences
/ Defensive Medicine - economics
/ Defensive Medicine - legislation & jurisprudence
/ Insurance, Liability - economics
/ Insurance, Liability - legislation & jurisprudence
/ Insurance, Liability - trends
/ Lawyers
/ Liability, Legal - economics
/ Malpractice - legislation & jurisprudence
/ Professional Misconduct - legislation & jurisprudence
/ Public health. Hygiene-occupational medicine
/ Reforms
/ Torts
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