Delivering Justice

Delivering Justice

After delivering what appeared to be a perfectly healthy child in 1998, the child is diagnosed with cerebral palsy two years later.

Author: Samuel Kaufman

Publisher:

ISBN: 1986940888

Category:

Page: 200

View: 105

After delivering what appeared to be a perfectly healthy child in 1998, the child is diagnosed with cerebral palsy two years later. The family then filed a lawsuit against the doctor claiming he caused the problem at the time of the delivery. What ensues is a bizarre 15 year chain of events, including three separate trials. A story of the twisted legal system that allowed this prolonged tragedy for both the doctor and the family and exposes the precarious nature of the legal system in the U.S. It is both true and a great story.
Categories:

Suing for Medical Malpractice

Suing for Medical Malpractice

“ Effects of the Liability Climate on the Academic Medical Center . ... “ Survival in Cerebral Palsy . ... Jury Decisions in Obstetrics and Gynecology Cases , ” in Institute of Medicine , Medical Professional Liability and the Delivery ...

Author: Frank A. Sloan

Publisher: University of Chicago Press

ISBN: 0226762793

Category: Law

Page: 258

View: 460

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 between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have? Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated—only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all.
Categories: Law

North eastern reporter second series

North eastern reporter  second series

Compromise and Settlement Cw15 ( 1 ) agreed to settle with hospital for stated sum When lawsuit involves claims ... of settlement proceeds Justice THOMAS delivered the opinion of to survival and wrongful death claims assertthe court ...

Author:

Publisher:

ISBN: UCAL:B4418108

Category:

Page:

View: 480

Categories:

Congressional Record

Congressional Record

THOMPSON , GLENN tion of survivor annuities under the Survivor Benefit Plan to offset the receipt of veterans ' dependency ... 15574 [ 130C ] -reduce health care and insurance costs through medical malpractice tort reform ( see H.R. 5 ) ...

Author: United States. Congress

Publisher:

ISBN: OSU:32437123699650

Category: Law

Page:

View: 574

Categories: Law

Health Care Reform Issues relating to medical malpractice May 20 1993

Health Care Reform  Issues relating to medical malpractice  May 20  1993

With increased psychiatric funding and the decline in moral statndards in society , the cost of the criminal justice system has spared from $ 3.75 Billion in 1980 to over $ 15 Billion in 1990 . The fact that psychiatry cannot survive ...

Author: United States. Congress. House. Committee on Ways and Means. Subcommittee on Health

Publisher:

ISBN: PSU:000021569784

Category: Health care reform

Page:

View: 572

Categories: Health care reform

South Western Reporter Second Series

South Western Reporter  Second Series

Cases Argued and Determined in the Courts of Arkansas, Kentucky, Missouri, Tennessee, Texas : with Key Number Annotations ... Bruce A. Pauley , Dallas , with the medical malpractice two - year statfor Respondent in No.

Author:

Publisher:

ISBN: UCAL:B4427786

Category: Law reports, digests, etc

Page:

View: 971

Categories: Law reports, digests, etc

The Criminal Justice System and Health Care

The Criminal Justice System and Health Care

Although such cases have traditionally been very rare, their tendency to challenge the very basis of liability has ... a Dr Bateman who mistakenly and fatally removed part of his patient's uterus whilst delivering her baby.13 This was ...

Author: Charles A. Erin

Publisher: OUP Oxford

ISBN: 9780191566509

Category: Law

Page: 320

View: 408

This book examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the twentieth century, criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful, conduct. However, over the past 25 years, criminal courts have increasingly been drawn into these types of question, and the criminal law has become a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on the appropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems it throws up. The book takes euthanasia as a primary example of the issues raised by the intersection of health care and the criminal law, and questions whether health care issues appropriately fall within the remit of the criminal justice system.
Categories: Law

South Western Reporter

South Western Reporter

Author:

Publisher:

ISBN: UCAL:B3588210

Category: Law reports, digests, etc

Page:

View: 313

Categories: Law reports, digests, etc

Department of Justice Authorization Civil Division Foreign Claims Settlement Commission of the United States

Department of Justice Authorization  Civil Division  Foreign Claims Settlement Commission of the United States

Its docket now encompasses not only these cases , plaintiffs seek compensation for injuries stemtraditional problems in tort law , such as medical malpractice ming from federal regulatory agencies ' alleged failure to and aircraft ...

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations

Publisher:

ISBN: PURD:32754075289748

Category: Government publications

Page: 85

View: 274

Categories: Government publications