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Author: Alan D. Lieberson Publisher: ISBN: 9781558345485 Category : Languages : en Pages :
Book Description
Medical malpractice attorneys, take note: this landmark work by an experienced attorney physician shows you in detail how to direct medical malpractice litigation against the parties who are actually responsible for patient injury. Clearly-written & easy to use, Healthcare Enterprise Liability provides the background information & instructional materials you need to win these difficult malpractice cases. The book examines enterprise liability as it relates to hospitals, nursing homes, the insurance industry, & managed care, & provides an in-depth analysis of ERISA preemption.
Author: Alan D. Lieberson Publisher: ISBN: 9781558345485 Category : Languages : en Pages :
Book Description
Medical malpractice attorneys, take note: this landmark work by an experienced attorney physician shows you in detail how to direct medical malpractice litigation against the parties who are actually responsible for patient injury. Clearly-written & easy to use, Healthcare Enterprise Liability provides the background information & instructional materials you need to win these difficult malpractice cases. The book examines enterprise liability as it relates to hospitals, nursing homes, the insurance industry, & managed care, & provides an in-depth analysis of ERISA preemption.
Author: E. Haavi Morreim Publisher: Oxford University Press ISBN: 0195141326 Category : Law Languages : en Pages : 337
Book Description
Health care in the US and elsewhere has been rocked by economic upheaval. Cost-cuts, care-cuts, and confusion abound. Traditional tort and contract law have not kept pace. Physicians are still expected to deliver the same standard of care -- including costly resources - to everyone, regardless whether it is paid for. Health plans can now face litigation for virtually any unfortunate outcome, even those stemming from society's mandate to keep costs down while improving population health. This book cuts through the chaos and offers a clear, persuasive resolution. Part I explains why new economic realities have rendered prevailing malpractice and contract law largely anachronistic. Part II argues that pointing the legal finger of blame blindly or hastily can hinder good medical care. Instead of "whom do we want to hold liable," we should focus first on "who should be doing what, for the best delivery of health care." When things go wrong, each should be liable only for those aspects of care they could and should have controlled. Once a good division of labor is identified, what kind of liability should be imposed depends on what kind of mistake was made. Failures to exercise adequate expertise (knowledge, skill, care effort) should be addressed as torts, while failures to provide promised resources should be resolved under contract. Part III shows that this approach, though novel, fits remarkably well with basic common law doctrines, and can even enlighten ERISA issues. With extensive documentation from current case law, commentary, and empirical literature, the book will also serve as a comprehensive reference for attorneys, law professors, physicians, administrators, bioethicists, and students.
Author: Marésa Cronje-Retief Publisher: BRILL ISBN: 9004478159 Category : Law Languages : en Pages : 542
Book Description
This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied. The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.
Author: Institute of Medicine Publisher: National Academies Press ISBN: 0309036437 Category : Medical Languages : en Pages : 580
Book Description
"[This book is] the most authoritative assessment of the advantages and disadvantages of recent trends toward the commercialization of health care," says Robert Pear of The New York Times. This major study by the Institute of Medicine examines virtually all aspects of for-profit health care in the United States, including the quality and availability of health care, the cost of medical care, access to financial capital, implications for education and research, and the fiduciary role of the physician. In addition to the report, the book contains 15 papers by experts in the field of for-profit health care covering a broad range of topicsâ€"from trends in the growth of major investor-owned hospital companies to the ethical issues in for-profit health care. "The report makes a lasting contribution to the health policy literature." â€"Journal of Health Politics, Policy and Law.
Author: Clark C. Havighurst Publisher: American Enterprise Institute ISBN: 9780844738673 Category : Law Languages : en Pages : 364
Book Description
This text argues that private contracts would allow for more and genuine consumer choice, based on real differences between competing health plans in content, mixture and cost of services. It further argues that contracts would establish set standards and obligations for all parties.
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health Publisher: ISBN: Category : Medical care Languages : en Pages : 322
Author: Institute of Medicine Publisher: National Academies Press ISBN: 0309087074 Category : Medical Languages : en Pages : 108
Book Description
In response to a request from the Secretary of the Department of Health and Human Services, the Institute of Medicine convened a committee to identify possible demonstration projects that might be implemented in 2003, with the hope of yielding models for broader health system reform within a few years. The committee is recommending a substantial portfolio of demonstration projects, including chronic care and primary care demonstrations, information and communications technology infrastructure demonstrations, health insurance coverage demonstrations, and liability demonstrations. As a set, the demonstrations address key aspects of the health care delivery system and the financing and legal environment in which health care is provided. The launching of a carefully crafted set of demonstrations is viewed as a way to initiate a "building block" approach to health system change.
Author: Florence Kavaler Publisher: Jones & Bartlett Publishers ISBN: 1449645658 Category : Business & Economics Languages : en Pages : 557
Book Description
The completely revised and updated Third Edition of Risk Management in Health Care Institutions: Limiting Liability and Enhancing Care covers the basic concepts of risk management, employment practices, and general risk management strategies, as well as specific risk areas, including medical malpractice, strategies to reduce liability, managing positions, and litigation alternatives. This edition also emphasizes outpatient medicine and the risks associated with electronic medical records. Risk Management in Health Care Institutions: Limiting Liability and Enhancing Care, Third Edition offers readers the opportunity to organize and devise a successful risk management program, and is the perfect resource for governing boards, CEOs, administrators, risk management professionals, and health profession students.
Author: Alan D. Lieberson
Author: Alan D. Lieberson
Author: E. Haavi Morreim
Author: Phillip I. Blumberg
Author: United States. Congress. House. Committee on Small Business
Author: Marésa Cronje-Retief
Author: Institute of Medicine
Author: Clark C. Havighurst
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health
Author: Institute of Medicine
Author: Florence Kavaler