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The problems with punitive damages in lawsuits against managed-care organizations

Article Abstract:

Legislators should consider the effect of punitive damages on the health care system if they pass laws allowing patients to sue their managed care plan. Some managed care companies might refocus on quality care, which would be good for patients. Others might relax their utilization review standards, passing the increased cost of medical care onto consumers. Others might reduce the benefits package, which would also adversely affect consumers. Some might transfer the risk of liability to the doctor. Greater regulatory oversight of the managed care industry may be a better option.

Author: Studdert, David M., Brennan, Troyen A.
Publisher: Massachusetts Medical Society
Publication Name: The New England Journal of Medicine
Subject: Health
ISSN: 0028-4793
Year: 2000
Analysis, Exemplary damages, Punitive damages, Managed care plans (Medical care)

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Medical malpractice

Article Abstract:

An extensive analysis of the medical malpractice crisis in the US at the end of the 20th century is presented. Topics include the goals of the system, the evolution of malpractice litigation, empirical research on the malpractice system, the nature of the crisis, malpractice law and patient safety, tort reform and system reform, and the impact of tort reforms of the 1970s and 1980s.

Author: Studdert, David M., Brennan, Troyen A., Mello, Michelle M.
Publisher: Massachusetts Medical Society
Publication Name: The New England Journal of Medicine
Subject: Health
ISSN: 0028-4793
Year: 2004
United States, Medical personnel, Tort reform, Medical malpractice

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Financial conflicts of interest in physicians' relationships with the pharmaceutical industry-self-regulation in the shadow of federal prosecution

Article Abstract:

The new ways in which federal fraud-and-abuse law is being used are explored and the effect of the changes on relationships between physicians and pharmaceutical companies are discussed. It is shown that even minor gratuities could influence the behavior of physicians and also government policing in this area is likely to intensify.

Author: Studdert, David M., Brennan, Troyen A., Mello, Michelle
Publisher: Massachusetts Medical Society
Publication Name: The New England Journal of Medicine
Subject: Health
ISSN: 0028-4793
Year: 2004
Legal issues & crime, Government regulation (cont), Government regulation, Management dynamics, Pharmaceutical preparations, Legal/Government Regulation, Offices & clinics of medical doctors, Physicians & Surgeons, Offices of Physicians (except Mental Health Specialists), Conflict of Interest, Company legal issue, Laws, regulations and rules, Pharmaceutical industry, Practice, Physicians, Conflict of interests (Agency), Conflicts of interest

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