The medical tort system does not deter medical errors, compensates a small percentage of patients affected by negligent care, and is driving shortages in specialty care through rapidly rising insurance rates. New approaches, including an administrative system of health courts may address these issues and improve patient safety.
Medical Malpractice
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Resolving Medical Malpractice Cases in Health Courts - An Alternative to the Current Tort System
August 15, 2010 | Program Result
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.
Number of Malpractice Suits Being Challenged in Court Increases
September 1, 2006 | Program Result
Northwestern University studied the impact of the National Practitioner Data Bank on the process of resolving medical malpractice claims.
Does Mediation Work Better Than Trial for Settling Medical Malpractice Cases?
September 1, 2002 | Program Result
Wake Forest University School of Law conducted an evaluation of the use of court-ordered mediation as a strategy for resolving medical malpractice disputes.
Obstacles Block Testing New Ways to Resolve Medical Malpractice Cases
September 1, 2002 | Program Result
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
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.
A Plan of Voluntary Mediation as Alternative for Malpractice Claims Doesn't Make it to the Demonstration Phase
September 1, 2002 | Program Result
From 1997 to 1998, staff at the Harvard School of Public Health developed the design of a voluntary mediation demonstration program for resolving medical malpractice disputes.
Can the No-Fault Approach Contain Malpractice Insurance Costs?
September 1, 2002 | Program Result
Researchers from Duke University Medical Center evaluated the Florida and Virginia administrative no-fault medical malpractice compensation programs for birth-related neurological injuries.
Improving Malpractice Prevention and Compensation Systems
September 11, 2007 | Program Result
Improving Malpractice Prevention and Compensation Systems was a national initiative to support promising new mechanisms to prevent negligent medical occurrences and to compensate patients injured by medical care.
Insurance Premiums Decline in States Capping Malpractice Payouts, Alabama University Study Finds
December 29, 2007 | Program Result
Researchers at the University of Alabama at Birmingham examined state medical malpractice reform legislation to evaluate the effects of malpractice reforms on physician malpractice insurance premiums.
Researchers Evaluate the Feasibility of a No-Fault System for Medically Injured Patients in Utah and Colorado
September 1, 2006 | Program Result
Two organizations worked to develop administrative no-fault malpractice compensation systems in Colorado and Utah and to collect and analyze medical-injury data for the two states.