Medical Malpractice Myth Review
A summary of the book
The Medical Malpractice Myth authored by Tom Baker, tackles the complex subject of medical malpractices in an insightful and concise manner. Mr. Baker is an accomplished professor of law who specializes in Insurance and Tort Law. In the first few pages of the book, Mr. Baker, lays out the myth; i.e. that an unprecedented number of people are filing medical malpractice lawsuits and that lawyers and their clients are reaping hundreds of thousands if not millions of dollars in unjustified awards, while medical doctors are struggling to pay huge insurance premiums which have already forced some to close their practices (Noah, 2005).
The book is written in eight chapters. In the first chapter, Baker lays out the myth and provides plenty of evidence to its contrary. He then points his readers to the real problem that is facing the health care industry; i.e. not too many lawsuits against physicians but too many instances of medical malpractices. He then explains that the real cost of medical malpractices is not the financial burden on doctors but the number of lost lives, pain, suffering lost wages and productivity and additional medical fees that those who are suing have to bear.
From the second chapter to the seventh one, Baker investigates and elaborates on a number of different aspects about the myth in detail. In the second chapter, he points to the fact that healthcare professionals and the public in general should be more worried with the rising cases of medical malpractice and not the number of lawsuits. In the third chapter, he persuasively contends that the real culprit for high medical malpractices insurance premiums is the insurance sector's management of reserves, profits and losses during different seasons of the underwriting cycle and not the litigations against doctors and hospitals (Baker, 2007). In the fourth chapter, Baker provides evidence against the notion that more and more patients are filing frivolous suits and that an increasing number of judges and juries are awarding them huge amounts of money in damages even in cases where physicians have observed their duty of care. Baker then covers the value...
..bad investment choices, in addition to the underwriting cycle, have led to dwindling profits for insurers, who then try to recoup their losses through over-priced insurance products. Lawyers and consumer groups generally support efforts to reform the insurance industry in order to rein in premiums." (Cohen, 2005) The work of Miller (2003) entitled: "Liability for Medical Malpractice: Issues and Evidence" states that over the past "...several years" witnessed has been an
Medical Malpractice/Frivolous Lawsuits The Effect of Medical Malpractice/Frivolous Lawsuits on Healthcare The costs of medical malpractice insurance are rising yearly. These expenses affect medical practitioners in a number of ways, including such things as from where they choose to practice medicine, to the number of tests and types and medical procedures ordered. Many doctors in various specialties are aware that the laws and regulations that govern malpractice insurance vary from state to
Rising Cost of Medical Malpractice: The Impact of Medical Insurance on Patients and Physicians The purpose of this study is to examine the extent to which rising medical malpractice premiums have affected the quality care provided by physicians. Research suggests that a majority of specialty practitioners are pulling out of practice because of rapidly rising medical insurance premiums. A majority of physicians are unable to pay premiums that are rising upwards
True Cost of Increased Malpractice Insurance in the Health Care Industry During the last decade, medical malpractice premiums have increased exponentially, resulting in a decreased pool of qualified physicians operating in the medical arena. The medical industry is facing many crises, including rapidly increasing health insurance premiums that affect consumers directly. One arena consumers may not have considered evaluating is that of medical malpractice. Medical Malpractice, as defined by the U.S. General
Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be answered in relation to the agency theory in determining the role of Dr. Williams in this encounter (Tenn Ct App 1970). The article also focuses on reviewing the case of Edmands v. Chamberlain Memorial Hospital in the context of 1978. The case
Some researchers have suggested that increased liability not only encourages physicians to practice defensive medicine, but also undermines many patients access to much needed medical services (Hyman & Silver, 2004). Boulard (2002) cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The
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