The Medical malpractice cost containment journal最新文献

A special problem exists for the plaintiff's lawyer in most malpractice cases--obtaining expert medical witnesses. The authors explain how this can be done and offer a detailed outline for bringing the process to a successful conclusion. In addition, the article gives prospective defendants and their counsel insight into what can be expected when a case comes to trial.

Depositions constitute an important element in any malpractice trial and, as such, must be understood in their full dimensions by physicians and others in the medical profession. The author gives a working definition of deposition and enumerates the preparations necessary for giving a deposition.

There has long been a correlation between the degree of anger of the patient towards his physician or hospital and the filing of a malpractice suit. The following article, reprinted from the Report of the Secretary's Commission on Medical Malpractice. DHEW, presents a comprehensive review of the human factor as it relates to medical malpractice. Providers and their attorneys wishing to obtain the complete two-volume report should write to DHEW in Washington, D.C., referring to publication number OS73-88.

The following discussion was presented by the late Mr. Levine, one of the country's most successful malpractice lawyers, during a series of lectures on medical malpractice. It is an invaluable, no-holds-barred introduction for administrators, risk management directors, physicians and attorneys to the real world of malpractice litigation.

The physically, emotionally, or otherwise handicapped child or adult presents special problems to physicians, hospitals and health workers--especially in the early years. Poor medical practice and lack of communication expose hospitals and professionals to greater malpractice risks when dealing with these patients than encountered with average patients.

Our malpractice system is geared to compensate, and perhaps overcompensate, the occasional victim of catastrophic injury, while undercompensating, or even ignoring, smaller injuries. So states the author in presenting arguments for changing the system. She protests attempts to change the tort system, get around limits, tighten statutes of limitations, remove the discovery rule, or do away with res ipsa loquitur and informed consent. She cites California as a state, which has done the most to strengthen its medical discipline as a first step in attacking the "real problem of medical malpractice...the reality of injury due to medical negligence and the frequent difficulty of obtaining legitimate compensation."

Malpractice in the field of psychiatry underscores the legal and ethical conflicts between the patient's right to confidentiality of communications and the physician's duty to protect an individual or society from possible harm at the hands of his patient. There are three criteria used currently to predict violent behavior. None are clear-cut and neither the courts nor professional societies offer the practitioner much protection. The author suggests some courses of action for the psychiatrist to minimize the risk of malpractice.

Medical staff review committees and their records can play a major role in a hospital's defense against malpractice actions. Members of such committees are liable to varying degrees to actions for conspiracy, tortious interference with a business relationship, defamation and malpractice. Various defenses and statutory immunity in many states provide ample protection where the participant is acting reasonably and in good faith.

Hospitals differ from each other in various respects and these differences should be publicized so that patient dissatisfaction can be minimized.