Medical malpractice and the tort system

Article Abstract:

The recent increase in the number of malpractice lawsuits, the size of liability awards and escalating malpractice insurance premiums have led to serious inquiries concerning the underlying reasons for these awards and the effects that they have on health care services. Medical practice standards have not deteriorated, nor are individual physicians less skillful. Lawyers, the legal system, physicians and the insurance industry have been blamed for the current crisis. The tort system seems to award excessive compensation in medical malpractice cases and impose higher liability standards on physicians; this may influence the increasing frequency of malpractice claims. The medical community argues that the legal system fails to identify negligence and holds physicians liable for undesirable outcomes of care as well as for negligent care. It is this author's view that a complex interaction of forces has caused the dilemma between medical malpractice and the tort system. For example, the rising costs of health care influence larger jury awards which, in turn, lead to larger medical malpractice insurance premiums. The author analyzes how changes in the legal system over a period of time have resulted in more frequent claims of medical malpractice and larger cash awards. He concludes that, in addition to stabilizing reforms in the tort system, reducing the incidence of substandard medical care is necessary to resolve the current malpractice crisis.

Medical care, Medical personnel, Malpractice, Medical malpractice, Medical jurisprudence, Forensic medicine, Medical malpractice insurance

---

Conflicts of interest: physician ownership of medical facilities

Article Abstract:

The interests of physicians who own medical facilities may be in conflict with those of their patients. The American Medical Association (AMA)'s Council on Ethical and Judicial Affairs referred two resolutions to the Board of Trustees for consideration. They concern physician ownership of medical facilities and referral of patients to facilities in which they invest (self-referral). One resolution asked for reconsideration of the AMA's guidelines on patient referral to radiation therapy facilities by physicians who have invested in these facilities. The other resolution proposed that it be declared unethical for physicians to refer patients to medical facilities outside their specialty in which they or family members have invested. Physicians may invest in and refer patients to medical facilities if this type of facility is needed in the community, and no other source of financing exists. The Council released guidelines on conflicts of interest of medicine in 1986, and those guidelines were updated in 1989. Problems with self-referral still exist.

Management, Health facilities, Ethical aspects, Medical referral, Conflict of interests (Agency), Conflicts of interest, American Medical Association. Council on Ethical and Judicial Affairs

---

ERISA Litigation and Physician Autonomy

Article Abstract:

Doctors must understand how the federal Employee Retirement Iincome Security Act (ERISA) affects their ability to practice medicine. Originally enacted to regulate employer-sponsorred pension plans, ERISA also covers health care benefits established by self-insured employers. It prevents states from regulating managed care organizations (MCOs) but provides no corresponding federal regulations. ERISA's preemption has caused courts to favor MCOs' cost containment policies over traditional notions of physician autonomy.

Autonomy (Psychology)

Similar abstracts:

• Abstracts: Adaptation of a food frequency questionnaire to assess diets of Puerto Rican and non-Hispanic adults
• Abstracts: Medicine-Public Health Collaboration Tested. Physicians put promise of telemedicine to the test: reports from rural practitioners, anesthesiologists
• Abstracts: Chest Physicians Explore Worldwide Use of Home Mechanical Ventilation. Innovation and Service Traditional at University of Michigan Medical School
• Abstracts: Ethical, psychosocial, and public policy implications of procuring organs from non-heart-beating cadaver donors

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.