Capping the crisis: medical malpractice and tort reform

Article Abstract:

The interest in medical malpractice tort reform arises from an alleged adverse impact of malpractice litigation on medical care. Tort reform seeks to limit the size of damage awards and decrease the frequency of litigation. More than 14 states had damage caps in their medical malpractice laws as of 1988. Courts have disagreed on the constitutionality of damage caps, and these have been challenged on Seventh and Fourteenth Amendment grounds. A federal bill suggests encouraging the use of alternative dispute resolution rather than litigation.

Tort reform, Limitation of damages, Limitations of damages

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Patient dumping in the federal courts: expanding EMTALA without preempting state malpractice law

Article Abstract:

The Emergency Medical Treatment and Active Labor Act (EMTALA) was enacted in 1986 to protect underinsured and uninsured patients from patient dumping. Ambiguities in the law have resulted in some federal litigation, and the courts have distinguished between patients transferred for medical and non-medical reasons, with the latter considered actionable under EMTALA. The federal courts have tried to differentiate between EMTALA and state malpractice claims so as not to preempt state malpractice laws and possibly clog the federal courts.

Discrimination in medical care, Medical care discrimination, Patient dumping

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Myth and reality: the threat of medical malpractice claims by low income women

Article Abstract:

Among the factors cited for physicians' reluctance to treat poor women is the misconception of increased risk of malpractice liability. Problems with recognizing malpractice, lack of familiarity with the health care system, difficulty in obtaining legal representation and lower rate of compensatory damages based on factors such as lost income are among the factors which make the threat of malpractice liability from treating the poor less than that from other socioeconomic groups.

Care and treatment, Poor women

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