Malpractice Insurance

Malpractice Insurance Books:

The Medical Malpractice Myth

American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim.

This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually too much medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.

The Medical Malpractice Myth is a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.
  • medical malpractice
  • health law

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Medical Malpractice (MIT Press)

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.

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Medical Malpractice: A Comprehensive Analysis

The healthcare delivery system in the United States is inundated with medical malpractice and liability issues, and there is no consensus about causes or solutions. Both physicians and an alliance of lawyers and consumer groups agree that there is a crisis, but physicians claim that the current medical malpractice system inheres in too many lawsuits while the lawyers argue that the current level of litigation is insufficient. Multivariate statistical methods are used in this much needed effort to investigate the effects of medical malpractice on various aspects of health care.After introducing the various tort reforms that have been proposed and implemented by some states, the author analyzes the impact of these reforms on medical malpractice payment rates, claim payments, malpractice insurance, and in dental malpractice. The impact of malpractice liability on costs, licensure, disciplinary action, the supply of physicians, and the practice of defensive medicine are also covered. This is an essential guide for students in law, medicine, and health administration, as well as anyone who wants to research these issues for public policy.
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Medical Malpractice and the U.S. Health Care System

Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance, and tort litigation.
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Medical Malpractice Claims Investigation: A Step-By-Step Approach

This manual describes all the steps necessary to undertake and complete a thorough medical malpractice investigation. It is a comprehensive, step-by-step guide to the elements involved in the investigation of an actual or potential medical malpractice claim, and covers the process of reviewing medical records, other document collection, fact analysis, interviewing involved individuals, and identifying possible departures from accepted medical practice. The new second edition of Medical Malpractice Claims Investigation: A Step-by-Step Approach features a complete revision of chapter five (Developing Interview Questions), additional material on new JCAHO requirements, electronic medical records, office-based surgery issues, and long-term care claims investigation.
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