The Insurance Crisis, Tort Reform, and Alternative Solutions PDF Download

Author:
Publisher:
ISBN:
Category : Costs (Law)
Languages : en
Pages : 74

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Author: Bernard S. Black
Publisher: Cato Institute
ISBN: 194864780X
Category : Law
Languages : en
Pages : 337

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Book Description
"Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.

Author: United States. Department of Health and Human Services. Task Force on Medical Liability and Malpractice
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 240

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Author: Tom Baker
Publisher: ReadHowYouWant.com
ISBN: 1459615654
Category : Law
Languages : en
Pages : 386

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n January 2005, President Bush declared the medical malpractice liability system out of control.The president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, direct...

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Paul C. Weiler
Publisher: Harvard University Press
ISBN: 9780674561205
Category : Law
Languages : en
Pages : 268

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Book Description
Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair. In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries. But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.

Author: Peter W. Huber
Publisher: Basic Books
ISBN: 9780465039197
Category : Law
Languages : en
Pages : 0

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Book Description
This controversial book describes the transformation of modern tort law since the 1960s, and shows how the dramatic increase in liability lawsuits has had an adverse effect on the safety, health, the cost of insurance, and individual rights.

Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Housing and Urban Affairs
Publisher:
ISBN:
Category : Housing
Languages : en
Pages : 256

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Author: Kenneth R. Feinberg
Publisher:
ISBN:
Category : Costs (Law)
Languages : en
Pages : 96

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Book Description
With pertinent quotations from the Chief Justice of the United States, excerpts from the writings of Warren E. Burger--Vol. 1 T.p. ; with executive summary by Robert J. D'Agostino--Vol. 3 T.p.

Author: John C. Goodman
Publisher: Independent Institute
ISBN: 1598133977
Category : Law
Languages : en
Pages : 334

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Book Description
In this long-awaited updated edition of his groundbreaking work Priceless: Curing the Healthcare Crisis, renowned healthcare economist John Goodman ("father" of Health Savings Accounts) analyzes America's ongoing healthcare fiasco—including, for this edition, the failed promises of Obamacare. Goodman then provides what many critics of our healthcare system neglect: solutions. And not a moment too soon. Americans are entangled in a system with perverse incentives that raise costs, reduce quality, and make care less accessible. It's not just patients that need liberation from this labyrinth of confusion—it's doctors, businessmen, and institutions as well. Read this new work and discover: why no one sees a real price for anything: no patient, no doctor, no employer, no employee; how Obamacare's perverse incentives cause insurance companies to seek to attract the healthy and avoid the sick; why having a preexisting condition is actually WORSE under Obamacare than it was before—despite rosy political promises to the contrary; why emergency-room traffic and long waits for care have actually increased under Obamacare; how Medicaid expansion spends new money insuring healthy, single adults, while doing nothing for the developmentally disabled who languish on waiting lists and children who aren't getting the pediatric care they need; how the market for medical care COULD be as efficient and consumer-friendly as the market for cell phone repair... and what it would take to make that happen; how to create centers of medical excellence, which compete to meet the needs of the chronically ill; and much, much more... Thoroughly researched, clearly written, and decidedly humane in its concern for the health of all Americans, John Goodman has written the healthcare book to read to understand today's healthcare crisis. His proposed solutions are bold, crucial, and most importantly, caring. Healthcare is complex. But this book isn't. It's clear, it's satisfying, and it's refreshingly human. If you read even one book about healthcare policy in America, this is the one to read.