Jove
Visualize
Contact Us
JoVE
x logofacebook logolinkedin logoyoutube logo
ABOUT JoVE
OverviewLeadershipBlogJoVE Help Center
AUTHORS
Publishing ProcessEditorial BoardScope & PoliciesPeer ReviewFAQSubmit
LIBRARIANS
TestimonialsSubscriptionsAccessResourcesLibrary Advisory BoardFAQ
RESEARCH
JoVE JournalMethods CollectionsJoVE Encyclopedia of ExperimentsArchive
EDUCATION
JoVE CoreJoVE BusinessJoVE Science EducationJoVE Lab ManualFaculty Resource CenterFaculty Site
Terms & Conditions of Use
Privacy Policy
Policies

Related Experiment Videos

Malpractice crisis and reform.

Randall R Bovbjerg1

  • 1The Urban Institute, 2100 M Street, NW, Washington, DC 20037, USA. randyb@ui.urban.org

Clinics in Perinatology
|March 22, 2005
PubMed
Summary

Medical liability insurance is costly and scarce, particularly for high-risk specialties. This paper argues that tort reform overlooks critical issues of preventable medical injuries and legal system failures, proposing alternative solutions.

Related Concept Videos

You might also read

Related Articles

Articles linked to this work by shared authors, journal, and citation graph.

Sort by
Same author

Obtaining providers' 'buy-in' and establishing effective means of information exchange will be critical to HITECH's success.

Health affairs (Project Hope)·2012
Same author

COBRA subsidies for laid-off workers: an initial report card.

Issue brief (Commonwealth Fund)·2010
Same author

Health and budget reform as handmaidens.

Health affairs (Project Hope)·2008
Same author

Commentary: malpractice reform in policy perspective.

The Milbank quarterly·2007
Same author

Liability reform should make patients safer: "avoidable classes of events" are a key improvement.

The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics·2005
Same author

Better medical-injury systems.

Health affairs (Project Hope)·2004

Area of Science:

  • Medical Law
  • Healthcare Policy
  • Patient Safety

Background:

  • Medical liability coverage has escalated in cost and decreased in availability since 2001, impacting obstetrics and other high-risk medical fields.
  • Physicians, facing fee constraints, advocate for tort reform to cap malpractice payouts, while plaintiffs' lawyers oppose caps and suggest stricter regulation of insurers and physicians.

Purpose of the Study:

  • To analyze the ongoing debate surrounding medical liability coverage and tort reform.
  • To identify the shortcomings of the current tort reform discourse.
  • To propose alternative approaches to address medical injuries and legal system inefficiencies.

Main Methods:

  • Review of arguments presented by physicians and plaintiffs' lawyers regarding medical liability.
  • Analysis of the effectiveness of tort reform in addressing medical malpractice.
  • Exploration of systemic issues contributing to medical injuries and legal system failures.

Main Results:

  • Physicians' arguments concerning insurance trends are more grounded than lawyers' claims.
  • The dominant tort reform debate largely ignores the prevalence of preventable medical injuries.
  • The current legal system inadequately prevents medical errors and patient harm.

Conclusions:

  • The focus on tort reform for capping payouts is insufficient to address the core problems in medical liability.
  • Systemic issues, including preventable medical injuries and legal system failures, require more attention.
  • Alternative strategies beyond traditional tort reform are necessary to improve patient safety and the medical liability system.

Related Experiment Videos