Discussion 10.2: Tort Reform
crtshhill58
9781284069754_SLID_CH05.pptxChapter 5
Tort Reform
and
Risk Reduction
Learning Objectives
Describe the meaning of defensive medicine.
Describe various tort reform programs designed to lower the cost of malpractice insurance.
Describe the various ways to manage and reduce the number of malpractice claims.
Tort Reform
The tort system is inadequate to prevent medical malpractice.
Damage awards as deterrents have failed.
Exorbitant jury awards and malpractice insurance premiums cost billions of dollars annually.
State legislatures call for reform.
Physician Practice Defensive Medicine
Undertreatment
Avoiding high-risk tests and procedures
Overtreatment
Excessive use of diagnostic tests
Tort Reform Schemes
Mediation and Arbitration
Statute of Limitations
Structured Awards
Medical Malpractice Screening Panels
Collateral Source Rule
Contingency Fee Limitations
Tort Reform Schemes (cont’d)
Countersuits: Frivolous Claims
Joint and Several Liability
Malpractice caps
No-Fault System
Tort Reform Schemes (cont’d)
Regulations of insurance practices
Statutes of limitations
Reducing the Risks of Malpractice
Risk management
Performance Improvement
Continuous quality improvement (CQI)
Peer review
Collaboration Tort Reform
A concerted effort must be made to include all health professionals in the process of tort reform.
The present system of punishment for all because of the inadequacies of the few has proven to be costly and far from effective.
The key to improving quality and controlling costs is cooperation, not alienation.
Policymakers have failed in this arena and must return to a commonsense approach to policy development by including those who are most directly involved.
Review Questions
Describe various tort reform programs designed to lower the cost of malpractice insurance. Should there be limits placed on malpractice awards? Support your opinion.
Discuss what a structured award is and how it might reduce the costs associated with large-sum malpractice awards.
Review Questions (cont’d)
Discuss which of the schemes for tort reform discussed previously you consider most helpful in addressing the malpractice insurance crisis.
Describe how risk management, performance improvement, and peer review can be helpful in improving patient care and reducing the number of malpractice claims.
