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. This conclusion holds whether patients negotiate liability contracts directly with individual physicians or accept standard …
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How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low...
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Today the key to the unworkability of tort liability as applied to personal injury is the complexity of the insured event. Tort liability insurance calls for payment of economic and noneconomic (i.e., mostly pain and suffering) damages in lawsuits based on fault. The determination of both fault...
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States have been enacting tort reforms to reduce the liability of physicians conducting malpractice. However, tort … reform may create a moral hazard because physicians may take less care due to reduced liability. This paper investigates … of physicians as well as patients. I look at insurers' post-reform revisions on loss reserves, which were the overall …
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caps on recoveries in both tried and settled cases. We also found that physicians faced little personal exposure on … malpractice claims. Out-of-pocket payments (OOPPs) by physicians were rare and usually small. Physicians could reduce their … amount of insurance coverage purchased by physicians with paid claims declined substantially over 1988–1999, consistent with …
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