health care law and legislation week 6

Chapter24.pdf

Chapter 24

Tort Reform

LEARNING OBJECTIVES

• Describe the meaning of defensive medicine.

• Describe various programs designed to lower the cost of malpractice insurance.

• Describe the various ways to manage and reduce the number of negligence claims.

Reducing Costs & Risks – I

• Arbitration & Mediation

• Structured Awards

• Pretrial Screening Panels

• Collateral Source Rule

Reducing Costs & Risks – II

• Contingency Fee Limitations

• Countersuits & Frivolous Claims

• Joint & Several Liability

• Malpractice Liability CAPS

Reducing Costs & Risks – III

• No-Fault System

• Regulation of Insurance Practices

• Physician Participation in Tort Reform

The Answer - I

• Malpractice Crisis Continues

• Many Approaches – No “One” Proven Resolution

• Will Require Variety of Reforms

The Answer - II

• Need to Include all in the Solution – Caregivers

– Providers

– Insurers

– Private Industry

– Regulatory Bodies

Review Questions

1. Describe the various ways to reduce high malpractice awards.

2. Should there be limits placed on malpractice awards? Support your opinion.

2. How does a structured award work?

3. Which of the schemes for tort reform discussed previously do you consider most helpful in addressing the malpractice insurance crisis?