Tag Archive for ‘medical liability system’

Surgeons in the OR

A trauma surgeon on trial

Lessons learned from a trauma surgeon who was sued for a lack of “reasonable care and diligence,” including his experiences during the trial process, are shared.


The art of the deposition: Teaching residents about medical liability

This article describes a program at Maricopa Medical Center aimed at preparing residents for medical liability litigation and defines lessons learned for developing a program that prepares students for the possibility of being deposed in a liability lawsuit.

New approaches to liability reform: An introduction

The following articles in this special edition of the Bulletin of the American College of Surgeons are drawn from the discussions that occurred at the 2012 Medical Liability Reform Summit, which took place October 19, 2012 at the ACS Washington Office. Speakers offered proposed solutions to the problems inherent in the current medical liability system. The College’s leadership anticipates that the symposium and publication of these articles will stimulate further exploration and discussion of this important issue.

AHRQ program promotes patient safety and liability reform

This article summarizes the purposes and ongoing results of the Agency for Healthcare
Research and Quality’s (AHRQ) Medical Liability Reform and Patient Safety Initiative. The $25 million initiative provides grants to health care organizations that have agreed to develop systems that promote patient safety and medical liability reform. Examples of how institutions are using the grants are provided.

Medical mediation: Bringing everyone to the table

This article focuses on the form of alternative dispute resolution (ADR) that has been applied most widely in medical liability lawsuits—mediation. Two models of mediation are presented. Potential roadblocks to implementing ADR also are discussed.

The University of Michigan’s Early Disclosure and Offer Program

This article looks at the early disclosure and offer program at the University of Michigan Health System, Ann Arbor, which has shown promising results since its implementation 10 years ago. The program has served to increase accountability, improve the physician-patient relationship, reduce costly litigation, and improve patient safety.

New York State shows benefits of CRP demonstration project

New York State has responded to the challenges of achieving medial liability reform in part through an Agency for Healthcare Research and Quality (AHRQ)-funded Patient Safety and Medical Liability Reform Demonstration Project. This article describes the processes and systems created to meet its objectives.

Health courts may be best cure for what ails the liability system

The authors assert that health courts are the best solution to the failures of the current liability system. These special courts may improve reliability and consistency in rulings, Reduce costs associated with defensive medicine, provide fair and efficient compensation for injured patients, enhance patient safety, and boost physician accountability.

Health courts will not cure all liability ills

The authors maintain that health courts are an inadequate solution to the problems associated with professional liability. These courts may reduce the rights of injured patients and create a new, costly, unnecessary administrative system. They also are likely to stimulate improvements in the safety or quality of health care delivery.

New directions in liability reform

The current medical liability system has multiple shortcomings, which are summarized in this article. The authors describe the pros and cons of several alternatives for reforming the liability system, including safe harbors, early disclosure and offer programs, judge-directed negotiation programs, and health courts.

Safe harbors: Liability reform for patients and physicians

This article highlights the purpose and functions of safe harbors, as well the pros and cons of developing and implementing safe harbors in liability lawsuits. The results of demonstration projects centered on the use of clinical guidelines as safe harbors also are described.

Alternatives to litigation are available: The liability insurer’s perspective

This article demonstrates how one insurance carrier, CRICO, has embraced and achieved the twin goals of protecting health care providers and promoting patient safety. CRICO is the largest medical liability insurer in Massachusetts.

More emphasis on safety needed: The patient advocate’s perspective

The Connecticut Center for Patient Safety (CTCPS), a not-for-profit patient advocacy group, was established in response to the medical mistakes and preventable harms that patients and health care consumers all too regularly endure. This article highlights the CTCPS’ mission, which is to promote patient safety, improve the quality of health care, and protect the rights of patients through public media, patient education, and legislative action.

Attorneys and physicians share common goals: The medical liability lawyer’s perspective

The common goals of physicians and attorneys who represent plaintiffs in medical liability lawsuits are described in this article as are examples of injured patients who have benefited from legal professions available in current tort law.


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