8 questions
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