Medical Malpractice in Perspective: Nebraska Hospital-Medical Liability Act
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Resuscitating Hospital Enterprise Liability
No tort reform has more potential to improve the quality of medical care and to reduce the frequency of patient injuries than exclusive hospital enterprise liability. Hospital enterprise liability would make hospitals liable for all patient injuries occurring in the hospital that are the product of provider negligence, regardless of the independent contractor status of the providers. In its “ex...
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P_ hysicians and other medical providers are subject to a negligence rule of liability. To prevail, a plaintiff must show that he or she sustained damages that were caused by the failure of the physician to take due care, defined as customary practice of physicians in good standing with the profession, or a significant minority of such physicians. In a simple model, with perfect information and...
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A consumer perspective on medical malpractice.
In 1975, and now again in 1985, there has arisen a public perception of a "malpractice crisis." ' The crisis, then and now, principally troubles physicians, who believe that liability insurance premiums are too high. A crisis seen through the eyes of doctors and measured in premium dollars naturally generates responses evaluated in terms of effect on premiums. The needs of patients and consumer...
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Although the most visible manifestations of medical malpractice involve patient safety and the legal process, the availability and affordability of liability insurance largely determine the direction of medical malpractice policy. Scientific and industrial developments since the first modern malpractice crisis in the 1970s reveal major problems with the structure and regulation of liability ins...
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