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How Liability Law Affects Medical Productivity

Author: Daniel P. Kessler

Publisher:

Published: 2000

Total Pages: 60

ISBN-13:

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Previous research suggests that "direct" reforms to the liability system -- reforms designed to reduce the level of compensation to potential claimants -- reduce medical expenditures without important consequences for patient health outcomes. We extend this research by identifying the mechanisms through which reforms affect the behavior of health care providers. Although we find that direct reforms improve medical productivity primarily by reducing malpractice claims rates and compensation conditional on a claim, our results suggest that other policies that reduce the time spent and the amount of conflict involved in defending against a claim can also reduce defensive practices substantially. In addition, we find that "malpractice pressure" has a larger impact on diagnostic rather than therapeutic treatment decisions. Our results provide an empirical foundation for simulating the effects of untried malpractice reforms on health care costs and outcomes, based on their predicted effects on the malpractice pressure facing medical providers

Book Synopsis How Liability Law Affects Medical Productivity by : Daniel P. Kessler

Download or read book How Liability Law Affects Medical Productivity written by Daniel P. Kessler and published by . This book was released on 2000 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous research suggests that "direct" reforms to the liability system -- reforms designed to reduce the level of compensation to potential claimants -- reduce medical expenditures without important consequences for patient health outcomes. We extend this research by identifying the mechanisms through which reforms affect the behavior of health care providers. Although we find that direct reforms improve medical productivity primarily by reducing malpractice claims rates and compensation conditional on a claim, our results suggest that other policies that reduce the time spent and the amount of conflict involved in defending against a claim can also reduce defensive practices substantially. In addition, we find that "malpractice pressure" has a larger impact on diagnostic rather than therapeutic treatment decisions. Our results provide an empirical foundation for simulating the effects of untried malpractice reforms on health care costs and outcomes, based on their predicted effects on the malpractice pressure facing medical providers

The economic effects of the liability system

Author:

Publisher: Hoover Press

Published:

Total Pages: 36

ISBN-13: 9780817959630

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Book Synopsis The economic effects of the liability system by :

Download or read book The economic effects of the liability system written by and published by Hoover Press. This book was released on with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of U.S. Health Law

Author: I. Glenn Cohen

Publisher: Oxford University Press

Published: 2017

Total Pages: 1233

ISBN-13: 0199366527

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The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience ofother countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.

Book Synopsis The Oxford Handbook of U.S. Health Law by : I. Glenn Cohen

Download or read book The Oxford Handbook of U.S. Health Law written by I. Glenn Cohen and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience ofother countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.

Health Econometrics

Author: Badi H. Baltagi

Publisher: Emerald Group Publishing

Published: 2018-05-30

Total Pages: 406

ISBN-13: 1787145425

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This volume covers a wide range of existing and emerging topics in applied health economics, including behavioural economics, medical care risk, social insurance, discrete choice models, cost-effectiveness analysis, health and immigration, and more.

Book Synopsis Health Econometrics by : Badi H. Baltagi

Download or read book Health Econometrics written by Badi H. Baltagi and published by Emerald Group Publishing. This book was released on 2018-05-30 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers a wide range of existing and emerging topics in applied health economics, including behavioural economics, medical care risk, social insurance, discrete choice models, cost-effectiveness analysis, health and immigration, and more.

Medical Malpractice and Compensation in Global Perspective

Author: Ken Oliphant

Publisher: Walter de Gruyter

Published: 2013-10-29

Total Pages: 592

ISBN-13: 3110270234

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The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.

Book Synopsis Medical Malpractice and Compensation in Global Perspective by : Ken Oliphant

Download or read book Medical Malpractice and Compensation in Global Perspective written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2013-10-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.

The Cost of the Medical Liability System Proposals for Reform, Including H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011

Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health

Publisher:

Published: 2013

Total Pages: 322

ISBN-13:

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Book Synopsis The Cost of the Medical Liability System Proposals for Reform, Including H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 by : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health

Download or read book The Cost of the Medical Liability System Proposals for Reform, Including H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and published by . This book was released on 2013 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Corporate Behaviour

Author: Christopher Hodges

Publisher: Bloomsbury Publishing

Published: 2015-10-22

Total Pages: 704

ISBN-13: 1782255826

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This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.

Book Synopsis Law and Corporate Behaviour by : Christopher Hodges

Download or read book Law and Corporate Behaviour written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.

Delivering Collective Redress

Author: Christopher Hodges

Publisher: Bloomsbury Publishing

Published: 2018-05-03

Total Pages: 368

ISBN-13: 1509918566

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This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.

Book Synopsis Delivering Collective Redress by : Christopher Hodges

Download or read book Delivering Collective Redress written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2018-05-03 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.

Regulation through Litigation

Author: Kip W. Viscusi

Publisher: Rowman & Littlefield

Published: 2004-05-13

Total Pages: 400

ISBN-13: 9780815798859

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Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Increasingly, litigation is being used as a financial lever to force companies to accept negotiated regulatory policies—policies that invariably involve less public input and accountability than those arising from government regulation. The process not only usurps the traditional governmental authority for regulation, but also shifts the locus of establishing tax policy from the legislature to the parties involved in the litigation. Citizen interests are not explicitly represented and there is no mechanism to ensure that these outcomes are in society's best interests. By focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations, the contributors to this volume collectively shed light on the likely consequences of regulation through litigation for insurance markets and society at large. They analyze the ramifications of large-scale lawsuits, mass torts, and class actions for the insurance market, and advocate increased public scrutiny of attorney reimbursement and a competitive bidding process for all lawsuits involving government entities as the plaintiffs.

Book Synopsis Regulation through Litigation by : Kip W. Viscusi

Download or read book Regulation through Litigation written by Kip W. Viscusi and published by Rowman & Littlefield. This book was released on 2004-05-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Increasingly, litigation is being used as a financial lever to force companies to accept negotiated regulatory policies—policies that invariably involve less public input and accountability than those arising from government regulation. The process not only usurps the traditional governmental authority for regulation, but also shifts the locus of establishing tax policy from the legislature to the parties involved in the litigation. Citizen interests are not explicitly represented and there is no mechanism to ensure that these outcomes are in society's best interests. By focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations, the contributors to this volume collectively shed light on the likely consequences of regulation through litigation for insurance markets and society at large. They analyze the ramifications of large-scale lawsuits, mass torts, and class actions for the insurance market, and advocate increased public scrutiny of attorney reimbursement and a competitive bidding process for all lawsuits involving government entities as the plaintiffs.

Medical malpractice implications of rising premiums on access to health care.

Author:

Publisher: DIANE Publishing

Published:

Total Pages: 63

ISBN-13: 1428942335

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Book Synopsis Medical malpractice implications of rising premiums on access to health care. by :

Download or read book Medical malpractice implications of rising premiums on access to health care. written by and published by DIANE Publishing. This book was released on with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: