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Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective. The authors survey claims filed in Florida bet...
Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.
Fully updated in this new edition, Health Care Politics and Policy in America combines a historical overview of U.S. health policy and programs with analysis of current trends and reform efforts. The book -- shows how health policy fits into the larger social, economic, political, and ideological environment of the United States; -- identifies the roles played by both public and private, institutional and individual actors in shaping the health care system at all levels; -- considers the trade-offs inherent in various policy choices and their impacts on different social groups; -- takes account of the dynamic impact of technological change on health care capacities, costs, and ethics. This edition includes expanded discussion of equity issues and whether there is a "right" to health care, and a new chapter on the issue of medical liability. The concluding chapter brings the story of health care policy up to the end of the millennium, with particular attention to the managed care revolution and reaction to it. The book equips readers with the basic tools for drawing more informed judgments in the ongoing debate about health care policy in the United States.
Benedictin was prescribed to more than thirty-five million American women from its introduction in 1956 until 1983, when it was withdrawn from the market. The drug's manufacturer, Merrill Dow Pharmaceuticals, a major U.S. pharmaceutical firm, joined a list of other companies whose product liabilities would result in precedent-setting litigation. Before it was over, the Benedictin litigation would involve 2,000 claimants over a fifteen-year period. Michael D. Green offers a comprehensive overview of the Benedictin case and highlights many of the key issues in mass toxic substances litigation, comparing individual and collective forms of litigation, and illustrating the misunderstandings between scientists and lawyers about the role of science in providing evidence for the legal system.
The United States health care system is unique among those of other developed economies--most significantly because health care is not a legal right in the United States. Instead, it is considered an employee benefit and a privilege, unless one is over age 65 or of low income. The United States is the only developed country without some form of universal health care. Contributors to this volume represent an interdisciplinary group of academics, practitioners, and service delivery providers. The volume begins with a general examination of the politics of health and social welfare in the United States. It then focuses on the importance and role of consumers in the U.S. economy, and dilemmas as...
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