Ethical Health Partnerships
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As always, I welcome your constructive comments and suggestions about the material on this website and how we can all be most effective in co-creating the kind of healthcare system we all want. |
I have tried to divide this into subjects, but many articles cover multiple topics.
EFFECTS
ON CARE, HEALTH COSTS & ON PHYSICIANS STATISTICS:
ADDRESSING
THE CRISIS: RISK MANAGEMENT
WHEN
YOU ARE NAMED IN A CLAIM: NURSING & MALPRACTICE:
ORGANIZATIONS FOR MORE JUST SYSTEM
EFFECTS ON CARE, HEALTH COSTS AND ON PHYSICIANS:
Malpractice
Crisis Affecting Patient Care
Medical Malpractice: Implications of Rising Premiums on Access to Health Care GAO (Government Accounting Office) August 2003
Effects
of a Malpractice Crisis on Specialist Supply and Patient Access
to Care
by Michelle M. Mello, J.D., Ph.D., et al, June 2005 Report funded
by Pew Charitable Trust for Medical Liability Project in Pennsylvania
Caring for Patients in a Malpractice Crisis: Physician Satisfaction and Quality of Care Health Affairs 23(4):42-53, 2004. © 2004 Project HOPE Michelle M. Mello; David M. Studdert; Catherine M. DesRoches; et al.
Medical Malpractice Takes a Toll on Hospitals from Oncology Issues, October, 2004.
Medical Liability Survey Reaffirms More Ob-Gyns Are Quitting Obstetrics July 2004 survey on reduction of services in both obstetrics and gynecology, reduced number entering specialty for 3rd year in a row.
Liability insurance premium hikes take bite out of physicians' income (especially in Florida!) Graphs give you the picture. Source: MANAGED CARE May 2003 with the source being the Medical Liability Monitor
Defensive Medicine: Definition and Causes Older study from Princeton.
Understanding the US Medical Malpractice Crisis Looks at impacts on hospitals, patient care, and options for reform.
An Analysis of the Impacts of the Medical Malpractice System from the Washington Policy Institute
Testimony of GAO to House Ways & Means Committee on Medical Malpractice. Even though this is from 1995, it gives a sense of the scope of impact.
To Err is Human (Institute of Medicine, 2000)
Dispelling Malpractice Myths William R. Brody, The Washington Post,
November 14, 2004
STATISTICS:
Selected
Malpractice Claim Data (sources
listed)
Selected Health Care Cost Data (how current malpractice affects cost)
Examining the Work of State Courts 2003 from the National Center for State Courts, Court Statistics Project (2002 is also available) Medical malpractice cases are listed under Tort/Contract section.
Medical-Malpractice Jury-Award
Median by Jury Verdict
Research
Up Slightly - Overall Median Compensatory Award Down 30% - Apr.
1, 2004
ADDRESSING
THE CRISIS:
The
Forgotten Third: Liability Insurance and the Medical Malpractice
Crisis
A must read for understanding factors that contribute to the
crisis and future directions for malpractice reform. Written
by William Sage, a physician and professor of law Columbia School
or Law. You can download the full article from Health Affairs.
Resolving the Medical Malpractice Crisis: Fairness Considerations by Maxwell J. Mehlman (complete report is also available to download) Project on Medical Liability in Pennsylvania funded by The Pew Charitable Trusts
Demonstration Mediation and ADR Project (Powerpoint) Principal Investigators: Carol B. Liebman, Clinical Professor, Columbia Law School and Chris Stern Hyman, Medical Mediation Group, LLC Lists factors that contribute to claims being filed, physician behavior in adverse events, etc.
A Mediation Skills Model to Manage Disclosure of Errors and Adverse Events to Patients Carol B. Liebman; Chris Stern Hyman Health Affairs 23(4):23-32, 2004. © 2004 Project HOPE
Addressing the New Health Care Crisis: Reforming the Medical Litigation System to Improve the Quality of Health Care From the US Department of Health and Human Services explores the impact of the current system on the injured patient, insurance premiums, health care costs, access to healthcare and quality of healthcare. You can download a PDF version of the report.
Coalition and Center for Ethical Medical Testimony Values for expert medical testimony to be ethical. See Statement of Direction section.
Abusive Expert Testimony: Toward Peer Review by L. William Luria, M.D., F.A.C.S., LHRM and Dennis S. Agliano, M.D., F.A.C.S.
'Dirty Little Secret' behind the Medical Malpractice Crisis by Francis J. Collini, MD in Physician News. Discusses expert testimony.
Reducing liability through patient
accountability
(Physician's News Digest)
By James W. Saxton, Esq
Published May 2003
Addressing
the Medical Malpractice Insurance Crisis from the NGA Center for Best Practices
Behind the Medical Malpractice Crisis January 2005 issue of Medical Economics explores various aspects of the problem.
Malpractice Reforms Ineffective While focused on Pennsylvania, many common tort reforms are discussed.
Defining the Terms: Medical Liability Reform Provisions and the American College of Surgeons' model provisions for each.
The Impact of Non-Economic Damage Caps on Physician Premiums, Claims Payout Levels, and Availability of Coverage from Weiss Rating June 2, 2003 revised June 3, 2003
The Medical Malpractice Crisis Tort Reform, No-Fault and Award Caps are Debated By Kelly M. Pyrek in SurgiCenter Online
Expert Medical Courts: An Idea Whose Time Has Come Editorial in Contemporary OB/GYN on an alternative to the current system of addressing patient injury.
Issues and Allegations: Medical Malpractice by The American Voice that explores different positions on the crisis and reforms.
Development of an Early Identification and Response Model of Malpractice Prevention from Law and Contemporary Problems
Comprehensive
Guide to Tort Reform in the States Summaries from the American Tort Reform Association.
Just click on your state on the map and see reforms in your states,
including ones that whose constitutionality has been challenged
with outcomes.
RISK
MANAGEMENT FOR PHYSICIANS:
Risk
Management Suggestions for OB/GYNs from Mag Mutual
Your Patient Thought You Said What? Do's and don'ts in helping patients understand what physicians tell them. Medical Economics.
Enhanced Communication to Reduce Liability In Physician News, article by James W. Saxton, Esq. & Maggie M. Finkelstein, Esq.
Do You Have the Right Malpractice Insurance Policy? David R. Dearden, JD; Michael R. Burke, JD Fam Pract Manag 11(10):64-67, 2004. © 2004 American Academy of Family Physicians Make sure your policy doesn't contain unpleasant surprises. Explores types of coverage, consent to settlement clauses, exlusions and more.
WHEN
YOU ARE NAMED IN A CLAIM:
Managing
Medical Malpractice Stress Part 1: Impact & Symptoms from Mag Mutual Page 1:
The Impact & Symptoms; Page 2: Successfully Managing the
Stress; Page 3: Specific Do's and Don't's
Litigation Stress from E-Medicine Last Updated: September 17, 2004
NURSING & MALPRACTICE:
Nurses,
Negligence, and Malpractice
by Eileen M. Croke, EdD, ANP, LNC-C from the American Journal
of Nursing, Sept. 2003
Nursing malpractice: Understanding
the risks (first of 3
modules)
Nurse's Guide to Malpractice: Module 1, March 2003 Can be read
on-line for free or can be used for CE for small fee.
7 tips on avoiding malpractice claims (for nurses) Edith Ann Brous, RN, MPH, MSN, JD Nursing 2004 June 2004 Volume 34
Law All Nurses Should Know (related to Malpractice)
ORGANIZATIONS
SEEKING TO CREATE A BETTER SYSTEM THAT IS JUST FOR ALL:
Coalition and Center for Ethical
Medical Testimony Values
for expert medical testimony to be ethical. See Statement of
Direction section.
American
Tort Reform Association Look
up progress in reform in your state, discussion of the issues
and possible new directions.
Common
Good, Restoring Common Sense to American Law Information on alternatives to current
system, fact sheets and more. Extensive information on a health
court system proposal.