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Legal Systems and Issues

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  • Topic: Medical malpractice
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Disclosure-And-Resolution Programs That Include Generous Compensation Offers May Prompt A Complex Patient Response

December 1, 2012 | Journal Article

Under “disclosure-and-resolution” programs, health systems disclose adverse events to affected patients and their families; apologize; and, where appropriate, offer compensation.

Medical Malpractice

April 1, 2011 | Report

This Update reviews the evidence concerning the effects of both traditional and innovative medical liability reforms on defensive medicine and medical liability costs.

Medical Malpractice Liability in the Age of Electronic Health Records

November 18, 2010 | Journal Article

The malpractice liability implications of the increased use of electronic health records (EHRs) will vary over the course of EHR adoption into medical practice, ending in a shift in the legal standards of care.

Low Costs of Defensive Medicine, Small Savings from Tort Reform

September 1, 2010 | Journal Article

In this paper, the authors present the costs of defensive medicine in 35 clinical specialties to determine whether malpractice liability reforms would greatly reduce health care costs.

Malpractice Reform ¿ Opportunities for Leadership by Health Care Institutions and Liability Insurers

April 15, 2010 | Journal Article

The authors examine three "disclosure and offer" models which may balance the interests of providers and patients better than the existing malpractice system.

Creating Health Courts Through Consent

July 1, 2008 | Report

This product was provided to the Robert Wood Johnson Foundation by the grantee organization, Common Good Institute, Inc.

Resolving Medical Malpractice Cases in Health Courts - An Alternative to the Current Tort System

August 15, 2010 | Program Result Report

Common Good Institute staff and researchers at the Harvard School of Public Health developed and promoted an administrative alternative, called health courts, to the current tort system for resolving medical malpractice cases.

The Role of Medical Liability Reform in Federal Health Care Reform

July 2, 2009 | Commentary

This article explores three reasons why bundling both medical liability reform and health care reform may prove valuable in health care reform development.

Obstacles Block Testing New Ways to Resolve Medical Malpractice Cases

September 1, 2002 | Program Result Report

The Private Adjudication Center, an affiliate of Duke University School of Law, wrote a paper and held a conference examining issues regarding the use of court-ordered arbitration in medical malpractice cases.

Researchers Study the Trend of Using Arbitration to Resolve Health Care Delivery Problems

September 1, 2002 | Program Result Report

Researchers at the RAND Corporation conducted the first phase of a two-phase project to evaluate the pattern of use of binding arbitration agreements by California health care plans and providers and their effect on dispute outcomes.

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