The Digital Doctor: Hope, Hype, and Harm at the Dawn of Medicine’s Computer Age
by Robert Wachter · 7 Apr 2015 · 309pp · 114,984 words
of Health Care: Ernest Codman’s Contribution to Quality Assessment and Beyond,” Milbank Quarterly, 67:245 (1989). 37 The earliest malpractice cases K. A. DeVille, Medical Malpractice in Nineteenth-Century America: Origins and Legacy (New York: New York University Press, 1990). 37 “Even the most egregious Quacks” N. Smith, “Medical Jurisprudence,” lecture
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notes taken by A. J. Skelton (New Haven, CT: Yale University Medical School, 1827), cited in J. C. Mohr, “American Medical Malpractice Litigation in Historical Perspective,” Journal of the American Medical Association 283:1731–1737 (2000). 37 since malpractice verdicts turned on evidence S. J. Reiser, “Malpractice
Confessions of a Surgeon: The Good, the Bad, and the Complicated...Life Behind the O.R. Doors
by Paul A. Ruggieri · 3 Jan 2012 · 224pp · 74,599 words
felt like throwing up. The ink on my malpractice policy wasn’t even dry and I was getting sucked into the black hole of a medical malpractice lawsuit. As it turned out, Mrs. Williams had been readmitted to the hospital and endured yet another major operation—to remove the sponge (the cause
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forced in front of a jury, having to justify their decisions and the care they gave.” Kathy was educating me on the anatomy of a medical malpractice lawsuit. “The process is cruel. It weeds out the irrelevant physicians, while slowly tightening the noose around the neck of the main accused.” As I
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scabs get ripped off and the bleeding starts again. What happens to surgeons who do get judgments against them? Surgeons who lose or settle a medical malpractice suit get their names permanently placed in the secret National Practitioners Data Bank, the N.P.D.B., if the judgment is more than a
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improve the quality of healthcare. It collects the names of physicians who have been sanctioned by state licensing boards, engaged in unprofessional behavior, or made medical malpractice payments. The information gathered by the N.P.D.B. is not accessible by the public. Hospitals and state licensing boards granting privileges to doctors
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surgeon practicing were “perfect,” there would be no malpractice insurance to pay. There would be no malpractice lawyers to deal with. There would be no “medical malpractice economy”—an economy that exists because of the imperfections inherent in physicians, particularly surgeons. The malpractice economy has many components: malpractice insurance premiums, legal fees
Better: A Surgeon's Notes on Performance
by Atul Gawande · 2 Apr 2007
being held for Minihan v. Wallinger, a civil claim of motor vehicle negligence. And next door, in courtroom 7A, Dr. Kenneth Reed faced charges of medical malpractice. Reed was a Harvard-trained dermatologist with twenty-one years of experience, and he had never been sued for malpractice before. That day, he was
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a lawyer from her hospital bed. She found a full-page ad in the Yellow Pages for an attorney named Barry Lang, a specialist in medical malpractice cases, and he visited her at her bedside that very day. She told him that she wanted to sue Kenneth Reed. Lang took the case
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by H. M. Schulte and J. Kay in Academic Medicine 69 (1995): 842-46. WHAT DOCTORS OWE 87 Much of the detail on the American medical malpractice system comes from research by my colleagues David Studdert, Michelle Mello, and Troy Brennan of the Harvard School of Public Health. See, for example, D
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Malpractice Claiming Behavior in Utah and Colorado," Medical Care 38 (2000): 250-60, and D. M. Studdert et al., "Claims, Errors, and Compensation Payments in Medical Malpractice Litigation," New England Journal of Medicine 354 (2006): 2024-33. Two excellent reviews of what we know about the American malpractice system are D. M
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. Studdert, M. M. Mello, T. A. Brennan, "Medical Malpractice," New England Journal of Medicine 350 (2004): 283-92 (that's a short one), and Tom Baker's The Medical Malpractice Myth (Chicago: University of Chicago Press, 2005) (that's a longer one). 108 For more on
What Doctors Feel: How Emotions Affect the Practice of Medicine
by Danielle Ofri · 3 Jun 2013 · 263pp · 78,433 words
. Studdert, “Professional Liability Issues in Graduate Medical Education,” Journal of the American Medical Association 292 (2004): 1051–56. 2. R. A. Bailey, “Resident Liability in Medical Malpractice,” Annals of Emergency Medicine 61, no. 1 (2013): 114–17. 3. C. K. Kane, “Medical Liability Claim Frequency: A 2007–2008 Snapshot of Physicians,” AMA
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Reactions to Malpractice Trials,” Western Journal of Medicine 148 (1988): 358–60. 7. Sara C. Charles and Eugene Kennedy, Defendant: A Psychiatrist on Trial for Medical Malpractice (New York: Vintage Books, 1986), 7. 8. Ibid. 9. Charles, “Physicians on Trial”; S. C. Charles, “Sued and Nonsued Physicians’ Self-Reported Reactions to Malpractice
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Litigation,” American Journal of Psychiatry 142 (1985): 437–40. 10. S. C. Charles, “The Doctor-Patient Relationship and Medical Malpractice Litigation,” Bulletin of the Menninger Clinic 57 (1993): 195–207. 11. S. C. Charles, “Malpractice Suits: Their Effect on Doctors, Patients, and Families,” Journal of
Everybody's Guide to Small Claims Court
by Ralph E. Warner · 2 Jan 1978
is that it can be difficult or impossible to get lawyers to represent you in a formal court action. (Lawyers accept only one in 20 medical malpractice cases, according to one study.) As a result, the injured person must decide to either file without a lawyer in formal court or scale down
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“Discovery Rule”—see “How the Discovery Rule Works,” below. Also, the time limits in the chart may not cover every situation. For example, claims involving medical malpractice, eviction, child or spousal support, fraud, product liability, consumer sales contracts, or faulty work by builders may all have different statutes of limitations. And, some
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the day each payment was missed. (See “Tricky Rules for Installment Contracts,” below.) How the Discovery Rule Works With some types of cases, such as medical malpractice, the limitations period starts from the date the harm was discovered or reasonably should have been discovered. This rule protects people who don’t know
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and see a different doctor, who orders an X-ray that shows the clamp. In most states, the statute of limitations for suits based on medical malpractice (often three years) begins from the date you learn of the problem, not the date of the original operation. However, if you walked around in
Nudge: Improving Decisions About Health, Wealth, and Happiness
by Richard H. Thaler and Cass R. Sunstein · 7 Apr 2008 · 304pp · 22,886 words
a lower price for health care. Some patients would choose to take the lower price and assume the risk themselves. Others would prefer to waive medical malpractice liability and instead buy private disability or injury insurance. But these arrangements aren’t available to patients, because courts have long held that waivers of
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medical malpractice liability are unenforceable as “against public policy.” These rulings are the opposite of libertarian; they deny people the freedom to make contracts as they see
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analogy isn’t perfect, but consider this fact: both health care customers and taxpayers are now forced to help pay for the eighty-five thousand medical malpractice lawsuits that are filed each year.1 These lawsuits cost a lot of money—estimates range from $11 billion to $29 billion per year.2
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Exposure to medical malpractice liability has been estimated to account for 5 to 9 percent of hospital expenditures—which means that litigation costs are a contributor to the expense
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. But in many cases where a plaintiff lost, the reviewers found that negligence had caused the injury. In short, most patients who are harmed by medical malpractice do not get any compensation, and many patients who do receive compensation were not harmed at all or were not treated negligently. Other studies find
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treatment at all.6 Another problem with the current system is that jury awards for the pain and suffering that may be associated with a medical malpractice claim are highly erratic.7 It is difficult to predict, from the facts of the case, whether a plaintiff will get a lot or a
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little. In medical malpractice cases, people are sometimes awarded “punitive damages,” too, in order to punish the wrongdoer. But punitive damage awards also have a lot of variability.8
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doctors alike. Of course, we are libertarian paternalists, not libertarians “full stop.” We recognize that patients might find it hard to understand the nature of medical malpractice liability and the consequences of waiver. Waiving liability should not be done lightly or impulsively. In other domains, this view is reflected in state law
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much patients should be awarded for their injuries. In our view, state lawmakers should think seriously about increasing freedom of contract in the domain of medical malpractice, if only to see whether such experiments would reduce the cost of health care without decreasing its quality. Increasing contractual freedom won’t solve the
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steepness of the ostensibly slippery slope. Our proposals are emphatically designed to retain freedom of choice. In many domains, from education to environmental protection to medical malpractice to marriage, we would create such freedom where it does not now exist. So long as paternalistic interventions can be easily avoided by those who
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Relationship Is Above Average: Perceptions and Expectations of Divorce at the Time of Marriage.” Law and Human Behavior 17 (1993): 439–50. Baker, Tom. The Medical Malpractice Myth. Chicago: University of Chicago Press, 2005. Bargh, John. “The Automaticity of Everyday Life.” In Advances in Social Cognition, vol. 10, The Automaticity of Everyday
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Contract at Will.” University of Chicago Law Review 51 (1984): 947–82. ———. “Contractual Principle Versus Legislative Fixes: Coming to Closure on the Unending Travails of Medical Malpractice.” DePaul Law Review 54 (2005): 503–26. Fineman, Martha A. The Autonomy Myth: A Theory of Dependency. New York: New Press, 2004. Frank, Richard G
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vs. Choice in 401(k) Plans: Equity Exposure and Number of Funds.” Journal of Finance 61 (2006): 763–801. Hyman, David A., and Charles Silver. “Medical Malpractice Litigation, and Tort Reform: It’s the Incentives, Stupid.” Vanderbilt Law Review 59 (2006): 1085–1136. Investment Company Institute. “401(k) Plans: A 25-Year
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Health Plan, deterrent effect of tort liability in, drug compliance, framing in, freedom of contract in, incentive conflicts in, ineffective lawsuits in, libertarian paternalists on, medical malpractice liability, negligence defined in, “no-fault” system in some countries, organ donations, prescription drug plan, right to sue for negligence, social influences in, treatment options
The Healing of America: A Global Quest for Better, Cheaper, and Fairer Health Care
by T. R. Reid · 15 Aug 2009 · 294pp · 85,811 words
Fund, Multinational Comparisons of Health Systems Data, November 2006. 6 Schoen et al., “U.S. Health System Performance.” 7 Ibid. 8 Patricia Danzon,“Liability for Medical Malpractice,” Handbook of Health Economics, vol. 1B (Burlington, Ma.: Elsevier, 2000), chapter 26. 9 For example, see “UnitedHealth Slashes Forecast,” Wall Street Journal, April 23, 2008
J.K. Lasser's Your Income Tax 2016: For Preparing Your 2015 Tax Return
by J. K. Lasser Institute · 19 Oct 2015
(teaching cases) where they were required to assign the fees to a foundation. Court Decision Tax on Assigned Contingent Fee An attorney who took a medical malpractice case on a contingent fee basis agreed to split the net fee with his ex-wife pursuant to their divorce agreement. After a favorable settlement
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and state capital, maintaining a file room, law library, and conference facilities, and providing coffee service. Her husband provided consulting services to the attorneys, reviewing medical malpractice cases, serving as an expert medical witness, helping the attorneys prepare for accreditation reviews of health-care organizations, and providing quality assurance trainings. Before the
J.K. Lasser's Your Income Tax
by J K Lasser Institute · 30 Oct 2012 · 2,045pp · 566,714 words
(teaching cases) where they were required to assign the fees to a foundation. - - - - - - - - - - Court Decision Tax on Assigned Contingent Fee An attorney who took a medical malpractice case on a contingent fee basis agreed to split the net fee with his ex-wife pursuant to their divorce agreement. After a favorable settlement
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and state capital, maintaining a file room, law library, and conference facilities, and providing coffee service. Her husband provided consulting services to the attorneys, reviewing medical malpractice cases, serving as an expert medical witness, helping the attorneys prepare for accreditation reviews of health-care organizations, and providing quality assurance trainings. Before the
J.K. Lasser's Your Income Tax 2014
by J. K. Lasser · 5 Oct 2013 · 1,845pp · 567,850 words
(teaching cases) where they were required to assign the fees to a foundation. - - - - - - - - - - Court Decision Tax on Assigned Contingent Fee An attorney who took a medical malpractice case on a contingent fee basis agreed to split the net fee with his ex-wife pursuant to their divorce agreement. After a favorable settlement
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and state capital, maintaining a file room, law library, and conference facilities, and providing coffee service. Her husband provided consulting services to the attorneys, reviewing medical malpractice cases, serving as an expert medical witness, helping the attorneys prepare for accreditation reviews of health-care organizations, and providing quality assurance trainings. Before the
J.K. Lasser's Your Income Tax 2022: For Preparing Your 2021 Tax Return
by J. K. Lasser Institute · 21 Dec 2021
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