Medical malpractice and physician liability under a negligence rule

Wright, Donald J.

doi:10.1016/j.irle.2011.06.001

Cited by 4 publications

(1 citation statement)

References 11 publications

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“…Wright developed a model of costly medical malpractice claims to examine the effects of physicians being liable for actual damages under a negligence rule. He showed that compensating actual damage does not provide physicians with appropriate incentives to spend the second best optimal amount of time with patients or to treat the second best optimal number of patients.…”

Section: Introductionmentioning

confidence: 99%

A Framework for Analyzing Malpractice Cases to Improve Healthcare Systems

Dror

Margol

2015

Quality & Reliability Eng

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This study develops a framework for analyzing the judgments handed down by courts in malpractice cases. We analyzed 215 cases that included awards for damages caused by medical negligence, handled by Israeli courts from 2005 to 2011. The Pareto principle coupled with the mean square error criterion supports the selection of the vital hospital departments and the vital causes of claims. A quality function deployment matrix is used to translate the desired improvement in malpractice costs into relevant medical decisions and diagnostic tests. Based on the analysis, we can conclude that the essential part of all malpractice claims submitted to and found legitimate by the courts was related to the obstetrics field. We reveal that most claims have elements in common. When we based the analysis on the malpractice compensation, covering costs of corrective treatment, suffering, future medical treatment, and associated legal fees, based on court data, we found that the group of vital causes decreased. In this study, we analyze claims related to the obstetrics department. Other departments where errors are frequently made should be addressed in turn, with the objective of continuously improving the medical system.

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Section: Introductionmentioning

confidence: 99%

A Framework for Analyzing Malpractice Cases to Improve Healthcare Systems

Dror

Margol

2015

Quality & Reliability Eng

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Teamwork in health care and medical malpractice liability: an experimental investigation

Martin-Lapoirie

2021

Eur J Law Econ

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Impact of Shorter Trial Periods in Medical Litigation

Kitamura

Arai

2022

Asian Journal of Law and Economics

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This study examined the reasons for the decline in the plaintiff win rate in medical lawsuits in Japan since 1999. The results suggest that the decline in the plaintiff win rate is likely due to the overall shortening of trial periods. In particular, if the trial period is shortened by one month, the plaintiff win rate decreases by 1.63%. After indicating the correlation between a decrease in plaintiffs’ winning rate and a shortened trial period, this study examines the causal relationship from five perspectives and the substantive factors.

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Medical malpractice and physician liability under a negligence rule

Cited by 4 publications

References 11 publications

A Framework for Analyzing Malpractice Cases to Improve Healthcare Systems

A Framework for Analyzing Malpractice Cases to Improve Healthcare Systems

Teamwork in health care and medical malpractice liability: an experimental investigation

Impact of Shorter Trial Periods in Medical Litigation

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