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Medical Malpractice

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.

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What Are the Issues Surrounding Medical Liability Reform?

January 1, 2012 | Issue Brief

Some policy-makers, backed by physicians and insurers, advocate tough federal limits on medical malpractice lawsuits as a means to curb the nation’s relentlessly rising health spending.

What Are the Best Ways to Control Medical Liability Costs?

January 1, 2012 | Issue Brief

Experts estimate that medical liability suits cost the U.S. health care system an annual total of about $56 billion in direct litigation costs and the indirect costs of defensive medicine.

Improving Malpractice Prevention and Compensation Systems

September 11, 2007 | Program Result Report

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.

Number of Malpractice Suits Being Challenged in Court Increases

September 1, 2006 | Program Result Report

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 Report

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 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.

A Plan of Voluntary Mediation as Alternative for Malpractice Claims Doesn't Make it to the Demonstration Phase

September 1, 2002 | Program Result Report

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 Report

Researchers from Duke University Medical Center evaluated the Florida and Virginia administrative no-fault medical malpractice compensation programs for birth-related neurological injuries.

Medical Malpractice Reform and Employer-Sponsored Health Insurance

December 1, 2008 | Journal Article

Tort reform has not led to health care cost savings for individuals, raising the question of why consumers should trade off legal rights without economic gains.

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