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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New Directions in Medical Liability Reform
April 21, 2011 | Journal Article
New models of response to medical injuries which focus on improving delivery of safe and efficient patient care hold promise.
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.
National Costs of the Medical Liability System
September 1, 2010 | Journal Article
Concerns about reducing the rate of growth of health expenditures have reignited interest in medical liability reforms and their potential to save money by reducing the practice of defensive medicine. This article identifies the various components of liability system costs, generates national estimates for each component, and discusses the level of evidence available to support the estimates.
Physicians' Fears of Malpractice Lawsuits are not Assuaged by Tort Reforms
September 1, 2010 | Journal Article
Physicians contend that the threat of malpractice lawsuits forces them to practice defensive medicine, which in turn raises the cost of health care.
The Flaws in State 'Apology' and 'Disclosure' Laws Dilute Their Intended Impact on Malpractice Suits
September 1, 2010 | Journal Article
Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits.
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.
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.
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.
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.
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.