The Patient Injury Epidemic: Medical Malpractice Litigation as a Curative Tool

III. LIABILITY AND TRANSPARENCY: UNCOVERING AND POLICING ADVERSE EVENTS 65 A. The Obligation to Disclose Adverse Events 67 1. Refining the parameters of adverse events 69 2. Mandatory adverse event reporting 72 3. Sharpening the adverse event definition 74 4. Improving mandatory reporting 75 5. Bans on confidentiality agreements for adverse event claims 76 B. Malpractice Insurance as a Tool for Discovering and Policing Medical Errors 78 1. Selective insurance marketing, complaint profiling, and office auditing 80 2. Hospital complaint profiling 82 3. Claims history auditing for risk factors 83 4. Early discussions between insurers and plaintiffs 84