As health reform continues to unfold nationally, one of the more dramatic strategies for reform of the current medical liability system is to move towards a no-fault compensation system. Although, no state has established a comprehensive no-fault medical malpractice system, the Florida Birth-Related Neurological Injury Compensation Association (NICA) is a unique and rare working model of a func...

Medical malpractice insurance policies customarily contain a “cooperation” clause requiring insureds to cooperate with the insurer’s efforts to defend the insured against a claim. A common stipulation in this clause forbids the insured from “admitting liability” to an injured or harmed party. Health professionals often understand this clause to have a chilling effect on the truthful disclosure ...

involve medical issues, and there are many traps for the unwary, particularly when the quality of the medical care is at issue. Virtually without exception, any injury case with substantial damages will become entangled with medical issues. There will always be issues of how to maximize the economic damages, usually dependent on numerous, sophisticated medical analyses. If medical malfeasance i...

M liability and its effect on the practice of obstetrics and gynecology is one of the most important issues that face the specialty and each practitioner today. As a result, the American College of Obstetricians and Gynecologists (the College) has worked hard to achieve reform, especially at the national level. On five separate occasions during the 110th Congress (2007–2008), the College facili...

The extent and existence of defensive medicine in the face of medical malpractice liability pressure is a perennial subject of both policy and academic debate. In this paper, I investigate the impact of a series of court rulings in Taiwan that increased physicians’ liability risks, and a subsequent amendment to the law that reversed the courts’ rulings, on physicians’ test-ordering behavior and...

This paper looks at Texas tort law reform to make claims regarding the relationship between Texas tort reform and damages recovered. Starting with reform in 1977, Texas has passed 15 pieces of legislation that, in principle, restrict the damages plaintiffs recover. Most empirical analyses have focused primarily on analyzing behavior resulting from the tort reform. In other cases, research has l...

Developments in medical technology and medical science have revolutionised modern medical practice of the past two decades and have created novel ethical and legal dilemmas for medical practitioners. This paper will discuss one of the most contentious legal issues associated with medically indicated withdrawal of life sustaining treatment from incompetent patients, where such discontinuance wil...

A large number of states adopted tort reforms in the mid-1980s to limit the dramatic surge in insurance losses and premiums. Evidence based on liability insurance data by state indicates that these reforms substantially infiuenced general liability insurance. The levels of losses, premiums, and loss ratios (a measure of insurance profitability) all reflected the impact of the reforms. The large...

The article examines the issue of basis and such conditions pre-contractual liability a medical organization, as wrongfulness guilt. As result analysis, it is concluded that guilt unlawfulness when brought to liability, are supplemented by condition bad faith, which may complement or not be applied at all. In cases where norms law violated, an additional characterization behavior organization u...