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 increase of a considerable nature in both the cost and the impact of "medical malpractice litigation." Miller states specifically that "...between 1994 and 2001, the typical medical malpractice award increased 176% to $1 million. The result has been higher malpractice insurance premiums for health care providers, which in turn has led to higher costs for the health care system as well as reduced access to medical services. In 2001, total premiums for medical malpractice insurance topped $21 billion, more than double the amount ten years earlier." (2003)
It is the belief of Miller (2003) that medical malpractice and liability reform would "...significant benefits, including significant savings on health care spending from a reduction in unnecessary tests and treatments motivated out of fear of litigation. Reform would also encourage systematic reform efforts to identify and reduce medical errors, halt the exodus of doctors from high-litigation states and specialties, and improve access to health care." (Miller, 2003)
The work of Berenson, Kuo and May (2003) entitled: "Medical Malpractice Liability Crisis Meets Markets: Stress in Unexpected Places" states that the "...causes of rapidly rising medical malpractice insurance premiums remain contentious and unsettled, the consequences are rippling through communities, threatening to diminish patients' access to care and increase health care costs, with an uncertain impact on quality, according to findings from the Center for Studying Health System Change's (HSC) 2002-03 site visits to 12 nationally representative communities. The severity of malpractice insurance problems varied across communities, with some physicians changing how and where they care for patients." Berenson, Kuo and May (2003 additionally state that other emerging responses of physicians identified in their study to concerns relating to malpractice insurance included "...referring more patients to emergency departments, safety net hospitals and academic health centers; refusing to provide on-call emergency department coverage; and declining elective referrals from safety net providers.
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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
Health Care The objective of this study is to discuss medical malpractice and to support the opinion that this is in need of a reform. Many people die each year from medical errors and many others are seriously injured. It is reported that the Institute of Medicine's (IOM) "seminal study of preventable medical errors estimated as many as 98,000 people die every year at a cost of $29 billion." (American Association
Role of Risk Management in Medical Malpractice The role of risk management in the health care industry begins with many preventative actions. One of the most argued and sensitive subjects in the last decade has been that of medical malpractice. Severe bleeding during operations, breathing problems due to incorrectly performed procedures, among other malpractice issues are becoming increasingly popular for legal suits between patients and medical providers. To fight back, medical
Current interest rates are 5% and the contract rate is 5%. The value of the contracted payment is $50,000. Should interest rates increase, there would again be a danger in the loss of potential funds, as the fixed rate agreement (i.e. The contract rate) would then be of a lower value than other potential interest earning activities. c. The next annual payment on an 6% interest rate cap on a notational
Malpractice in Advanced Nursing Practice A CLOSER LOOK Legal/Ethical Principles When nurses pursued independent practice outside hospitals, the law supported their bid to breach traditional roles (Kjervik & Brous, 2013). This phenomenon was described as a form of "growing militancy" that refused to stay under the dominion of medicine (Baer, 1993 as qtd in Kjervik and Brous). Ethics supported the accompanying empowerment of the militant act as in expressing autonomy in practice, beneficence
Medical Abandonment In general, the meaning of the term abandonment means the forsaking of one's duty. Thus when a practitioner client relation gets established there is a 'duty of care' which includes the protection of the client, maintain records of the clients, and to always provide the client with due care with maximum application of the physicians skills. If one or all these have been breached, there is deficiency of service.
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