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chapter24.ppt


Chapter 24

Tort Reform

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers

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.

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers

Reducing Costs & Risks – I

  • Arbitration & Mediation
  • Structured Awards
  • Pretrial Screening Panels
  • Collateral Source Rule

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers

Reducing Costs & Risks – II

  • Contingency Fee Limitations
  • Countersuits & Frivolous Claims
  • Joint & Several Liability
  • Malpractice Liability CAPS

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers

Reducing Costs & Risks – III

  • No-Fault System
  • Regulation of Insurance Practices
  • Physician Participation in Tort Reform

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers

The Answer - I

  • Malpractice Crisis Continues
  • Many Approaches – No “One” Proven Resolution
  • Will Require Variety of Reforms

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers

The Answer - II

  • Need to Include all in the Solution
  • Caregivers
  • Providers
  • Insurers
  • Private Industry
  • Regulatory Bodies

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers

Review Questions

Describe the various ways to reduce high malpractice awards.

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?

© 2014 Jones and Bartlett Publishers

© 2014 Jones and Bartlett Publishers