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Many physicians and tort reform advocates believe that most medical malpractice (“med mal”) claims are “frivolous …”; they often rely on reports that only about 20% of claims result in a payout. Many physicians and reform advocates also … number of defendants they sue. In med mal cases involving only physicians and/or institutions, the mean number of defendants …
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determine whether patient negligence should be considered in litigation. The project examines the line at which a physician’s … on a physician’s diagnosis and treatment …
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financial liability of physicians who are sued for malpractice. Instead, states should consider exploring such alternatives as … their exposure to malpractice liability. All of these clearly have detrimental effect on health care quality in addition to … alternative dispute resolution, enterprise liability, selective no-fault liability, and the use of clinical practice guidelines …
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Physicians are traditionally liable under a negligence rule of liability. Economic analysis of liability rules …, including malpractice, assumes that the primary function of liability is injury prevention (deterrence). Compensation can be … for efficient care, hence there should be no negligence, no claims and no demand for liability insurance. In practice, the …
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