The Medical Malpractice Myth PDF Download

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

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Book Description
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: 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: Harvey F. Wachsman
Publisher: Henry Holt and Company
ISBN: 146689170X
Category : Health & Fitness
Languages : en
Pages : 275

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Book Description
With America's health-care system in the midst of upheaval, and with government officials, physicians, and the public-at-large focused as never before on the cost and quality of these vital services, a hidden epidemic--medical malpractice--destroys hundreds of thousands of lives each year and is ignored by the majority of the medical establishment. Lethal Medicine is the first book to thoroughly examine malpractice, and its author, Harvey F. Wachsman, M.D., J.D., as both a respected neurosurgeon and the leading attorney in the field, is uniquely qualified to critique this problem from every angle. Using numerous case histories and authoritative data from university and government studies, Wachsman explodes the common myths that doctors are spending millions of dollars on "defensive medicine" and that the high cost of malpractice insurance is driving many doctors out of their practices. In fact, he argues that most malpractice cases actually do result from egregious abuses by doctors. Reviewing the latest court rulings and malpractice policies, Wachsman calls for the lgal community, government, and medical establishment to protect the public from the thousands of physicians who continue to practice irresponsible medicine without penalty. As Washington makes health care one of its highest priorities and the nation turns its attention to the issue, Lethal Medicine is a thoughtful yet urgent cry for reform by the nation's foremost expert on the topic.

Author: Frank A. Sloan
Publisher: University of Chicago Press
ISBN: 9780226762791
Category : Law
Languages : en
Pages : 284

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Book Description
Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective. The authors survey claims filed in Florida between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have? Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated—only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all.

Author: Frank A. Sloan
Publisher: National Geographic Books
ISBN: 0262515164
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
A comprehensive analysis of medical malpractice from legal, medical, economic, and insurance perspectives that considers why past efforts at reform have not worked and offers recommendations for realistic, achievable policy changes. Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes—legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.

Author: Kelly Joyce
Publisher: Cornell University Press
ISBN: 0801460514
Category : Medical
Languages : en
Pages : 208

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Book Description
Magnetic Resonance Imaging, not so long ago a diagnostic tool of last resort, has become pervasive in the landscape of consumer medicine; images of the forbidding tubes, with their promises of revelation, surround us in commercials and on billboards. Magnetic Appeal offers an in-depth exploration of the science and culture of MRI, examining its development and emergence as an imaging technology, its popular appeal and acceptance, and its current use in health care. Understood as modern and uncontroversial by health care professionals and in public discourse, the importance of MRI—or its supposed infallibility—has rarely been questioned. In Magnetic Appeal, Kelly A. Joyce shows how MRI technology grew out of serendipitous circumstances and was adopted for reasons having little to do with patient safety or evidence of efficacy. Drawing on interviews with physicians and MRI technologists, as well as ethnographic research conducted at imaging sites and radiology conferences, Joyce demonstrates that current beliefs about MRI draw on cultural ideas about sight and technology and are reinforced by health care policies and insurance reimbursement practices. Moreover, her unsettling analysis of physicians' and technologists' work practices lets readers consider that MRI scans do not reveal the truth about the body as is popularly believed, nor do they always lead to better outcomes for patients. Although clearly a valuable medical technique, MRI technology cannot necessarily deliver the health outcomes ascribed to it. Magnetic Appeal also addresses broader questions about the importance of medical imaging technologies in American culture and medicine. These technologies, which include ultrasound, X-ray, and MRI, are part of a larger trend in which visual representations have become central to American health, identity, and social relations.

Author: Barry Werth
Publisher: Simon and Schuster
ISBN: 1439142483
Category : Law
Languages : en
Pages : 551

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Book Description
Damages is the riveting true story of one family’s legal struggles in the world of medicine. At the urging of a friend, the Sabias filed a medical malpractice lawsuit against Dr. Humes and Norwalk Hospital. Barry Werth takes us through the seven-year lawsuit, allowing us to see the legal strategy plotted by the Sabias’s attorneys, Connecticut’s premier medical malpractice law firm.

Author: V.H. Harpwood
Publisher: Routledge
ISBN: 1134089430
Category : Law
Languages : en
Pages : 239

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Book Description
There is now incontrovertible evidence that medical mistakes and mishaps occur in significant numbers every year. This book examines the uncertainty and some of the myths surrounding errors and claims in healthcare, and places the arguments surrounding the so-called compensation culture on a stronger statistical, and hence epistemological basis.

Author: John Robbins
Publisher: H J Kramer
ISBN: 9780915811809
Category : Health & Fitness
Languages : en
Pages : 436

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Book Description
The author calls for a revolution in health care, criticizing its hostility to alternative medicine and its bias against women.

Author: Arthur Garson
Publisher: Rowman & Littlefield
ISBN: 0742558304
Category : Health & Fitness
Languages : en
Pages : 314

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Book Description
Are you tired of hearing that the American health care 'system' is broken? Well, it is. You can't understand your bill--or pay it; you wait an hour before seeing the doctor for ten minutes; and that was your child who was just laid off, and whose family has no health insurance. Health Care Half-Truths shows the ways in which American health care is tarnished and ways in which it shines, explaining that if we are going to make our health care system work for us we must begin with a common set of information. Unfortunately, our current information comes from sound bites that on their surface seem perfectly reasonable, but on closer examination are wrong. Health Care Half-Truths untangles the misinformation, misperceptions, and confusion that have confounded the American public and our elected officials. Dr. Arthur Garson identifies twenty myths about the U.S. health care system and uses his extensive knowledge and keen insights to blow them apart.