The Medical malpractice cost containment journal最新文献

Studies have shown that patient alienation is a major factor in the decision to sue for malpractice. A successful patient representative program can play a major role in reducing the feeling of alienation from the provider that many patients feel. This excerpt from a new publication of the Society of Patient Representatives of the American Hospital Association gives guidance to risk managers and others seeking clarification of the patient representative's role.

Better relations with the patient can be instrumental in preventing malpractice claims. Physicians must understand what they are risking by not dealing directly with their patients, by not admitting error, and by not discussing fees openly.

No-fault medical malpractice insurance programs in Sweden and New Zealand, especially the latter country, can offer useful guidelines to Americans considering a no-fault mechanism. In four years of actual operation, the New Zealand program has been generally accepted, fairly administered, and kept within budget. The government's approach to "medical mishap and error," however, encourages physicians to opt in favor of avoiding patients.

The honeymoon between the hospital and the courts, under which the institution was absolved from blame in a negligent physician's actions, is over. The relationship between the hospital and patient is taking the center stage in court actions, with some important new developments and future trends to be taken into account by those seeking to prevent malpractice claims.

Rather than opposing patients' access to their own medical records, physicians can use this trend to deter malpractice actions and improve patient communications. By documenting their observations in writing, noting patient responses, and maintaining honest rapport with the patient and his or her family, physicians can more effectively protect both themselves and their patients in the future.

Increased utilization of hospital emergency rooms, and a departure from traditional physician-patient relationships, have resulted in increased litigation. Risks to hospitals can be minimized if certain policies are pursued.

Medical malpractice actions are increasing at an alarming rate. Within the past five years, the incidence of such claims has escalated to such an extent that many physicians in hospitals are finding it difficult to obtain insurance. When insurance has been obtained, its cost has approached the prohibitive. To understand what's behind this increase in actions and costs, a review of the law of negligence, the law that most affects medical malpractice, is in order. With such understanding, those most affected financially by the escalation in malpractice costs (notably the health facility and the physician) can consider what preventive procedures can be taken to eliminate a substantial percentage of potential lawsuits. Without taking such preventive action, none of the current methods of confronting malpractice costs--private carriers, co-insurance, group policies, self-insurance, or going bare--will be effective for any period of time in keeping those costs in check.

Attempts by plaintiffs to circumvent statutes of limitations in malpractice actions take a number of forms which health providers and their attorneys should be aware of. Careful attention must be paid to the manner in which a summons is delivered.