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All articles tagged '"tort reform"'
18 articles found
Operation Arbitration: Privatizing Medical Malpractice Claims
By Beth Graham - May 15, 2013
Myriam E Gilles, Professor of Law at the Benjamin N Cardozo School of Law has authored an interesting article entitled "Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law." In her paper, Professor Gilles examines the potential effect that the use of binding arbitration may have on medical malpractice claims in the future.
Tort Reform in Texas: Loser Pays Bill Signed into Law
By Holly Hayes - June 28, 2011
Texas Governor Rick Perry recently signed into law HB 274. The bill’s history is here and the HRO analysis is here. The bill is effective September 1, 2011 and directs the Supreme Court of Texas to create rules for the early dismissal of “causes of action that have no basis in law or fact on motion and without evidence.” The bill also allows trial courts to award attorney’s fees to a prevailing party on the court’s granting or d
Defensive Medicine and the Role of Tort Reform
By Holly Hayes - October 18, 2010
by Holly Hayes Modern Physician recently reported about a study by Harvard researchers that says the nation’s “medical liability system” accounted for approximately “$55.6 billion—or 2.4% of total healthcare spending in 2008—with almost $45.6 billion of that figure being spent on the practice of “defensive of medicine,” which includes ordering tests and procedures or avoiding high-risk patients in an effort to avoid being sued.”
Physician Survey Reports: 4.5% of Medical Liability Cases Resolved by ADR
By Holly Hayes - August 27, 2010
By Holly Hayes An August American Medical Association (AMA) survey of 5,825 physicians illustrates a need for medical liability state and federal reforms. Survey responses indicated: 42.2% of physicians were sued, with 22.4% sued twice or more. Rates varied by specialty, but general surgeons and obstetrician-gynecologists were most likely to be sued (69.2%). Family physicians and general internists had similar rates (38.9% and 34%). Pediatricians
AHRQ Awards $23.2m in Grants for Medical Liability Reform and Patient Safety
By Holly Hayes - June 18, 2010
By Holly Hayes The Agency for Healthcare Research and Quality (AHRQ) announced that seven demonstration grants for the Medical Liability Reform and Patient Safety initiative have been funded for a total amount of $19.7 million. Thirteen planning grants have also been funded for a total amount of $3.5 million. The grants support the implementation and evaluation of evidence-based patient safety and medical liability projects. The seven demonstrati
Health Reform Law: The Physician Insurers Association of America Reviews Four Alternatives
By Holly Hayes - June 11, 2010
By Holly Hayes American Medical News posted a review of some of the tort alternatives being considered as part of health reform that were discussed at the Physician Insurers Association of America in May: experts gave insurers a glimpse into four possible alternatives to be tested under the health reform law: health courts, early offers, apology programs and medical review panels. They detailed how the options could alleviate pressures within the
Can Conflict Resolution Skills Help Risk Managers and Physicians Disclose Medical Errors?
By Holly Hayes - March 25, 2010
By Holly Hayes A new study published in the March edition of the Joint Commission Journal on Quality and Patient Safety (the full article is available for purchase here) and reported on American Medical News (available here) found that physicians are less likely than risk managers to tell patients when a medical error occurs. Physicians, however, are more likely to use the word “error” in describing the event and are quicker to say, &
Liability Reform Discussed at President Obama’s Health Care Summit
By Victoria VanBuren - March 10, 2010
By Holly Hayes On Feb. 23, the American Medical Association and 76 other medical societies wrote a letter to President Barack Obama and congressional leaders asking them to adopt legislation to reduce unnecessary medical lawsuits. “‘Defensive medical procedures, prompted by the threat of litigation, add substantial costs for individuals, private and public payers,” the letter stated (read the letter here). At President ObamaR
Texas Doctor Proposes Physician-Led Solution to Cut Health Care Costs
By Victoria VanBuren - March 8, 2010
By Holly Hayes The New York Times posted last week an interview with Dr. Howard Brody (pictured left), professor of family medicine and director of the Institute for the Medical Humanities at the University of Texas Medical Branch in Galveston, discussing a proposal for health care reform involving physicians. Physicians, Dr. Brody says, are not “innocent bystanders” to increasing health care costs but have made little effort to limit future medi
2009 Developments in Mediation: President Barack Obama’s Plan for Tort Reform
By Victoria VanBuren - December 25, 2009
by Holly Hayes In September 2009, President Obama instructed the Secretary of Health and Human Services to move forward with awarding medical malpractice demonstration grants to states funded by the Agency for Healthcare Research and Quality (AHRQ) to help doctors focus on putting their patients first, not on practicing defensive medicine. (read more here and here) In October, the Congressional Budget Office (CBO) released a letter updating its a
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