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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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.
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.
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.
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.
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.
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.
New Studies by RWJF Scholars Focus on Malpractice, Tort Reform, Error Disclosure Laws
September 15, 2010 | Story
Research published in a special issue of "Health Affairs" journal--and featured at a National Press Club event--estimates liability costs at 2.4 percent of overall health care total.
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.