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Medical Malpractice: Reform for Today's Patients and Clinicians
Jason A Stamm1, Karen A Korzick1, Kristen Beech2
1Department of Medicine, Geisinger Medical Center, Danville, Pa.
The American Journal of Medicine
|September 23, 2015
Summary
The current medical malpractice system fails both doctors and patients. A new model emphasizing collective accountability and enterprise liability is needed to align with modern, patient-centered healthcare systems.
Area of Science:
- Healthcare Law
- Medical Ethics
- Health Systems Management
Background:
- The existing medical malpractice system is inadequate for current healthcare delivery.
- Healthcare is shifting towards team-based, accountable care organizations.
- Physician employment, outcome measurement, and value-based purchasing are increasing.
Purpose of the Study:
- To propose a reformed medical malpractice model.
- To align legal frameworks with patient-centered care.
- To address the needs of modern healthcare systems.
Main Methods:
- Analysis of current healthcare economic and societal trends.
- Review of the principles of collective accountability and enterprise liability.
- Examination of medical error communication and resolution programs.
Main Results:
- The current malpractice system does not serve physicians or patients effectively.
- A transition to a systems-based practice is necessary.
- Enterprise liability and error resolution programs offer a viable legal framework.
Conclusions:
- Medical malpractice reform is essential for patient-centered care.
- Collective accountability reflects the reality of modern healthcare organizations.
- A new malpractice model should incorporate enterprise liability and error resolution.
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