Commentary: Malpractice Reform in Policy Perspective

Abstract

Enacted caps on malpractice awards and proposed early offer reform address the sometimes excessive verdicts of conventional liability and its very high overhead costs. However, such reforms greatly benefit medical defendants while doing too little for claimants or patients in general. Caps and early offer only affect current claims; far broader reforms are therefore needed to improve the woeful performance of liability as a general promoter of patient safety and injury compensation. Broad reforms, however desirable, seldom surmount high political and practical hurdles. A good, more evenhanded start would seek to make claims resolution faster, more accurate, more predictable, and less expensive, while separately promoting medical quality and safety as well as greater transparency for law, medicine, and insurance.

New Directions in Medical Liability Reform

“…Historically, liability reform has largely been aimed at reducing insurance costs for health care providers. 10 It has taken place almost entirely at the state level and has drawn repeatedly on the same set of legislative modifications to tort law. Today, reform is taking place outside of state legislatures through federal sponsorship of voluntary policy experiments led by hospital systems, liability insurers, and state agencies.…”

Pacientų Sveikatai Padarytos Žalos Atlyginimo Be Kaltės Modelis

“…Taigi šiuo modeliu grįstas reguliavimas paprastai numato ne automatišką žalos, padarytos teikiant sveikatos priežiūros paslaugas, atlyginimą. Ji yra atlyginama tik tada, kai atvejis atitinka visas įtvirtintas žalos atlyginimo sąlygas 15 .…”