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Medical Malpractice Articles Index

I have tried to divide this into subjects, but many articles cover multiple topics.

ADDRESSING THE CRISIS:                                                                RISK MANAGEMENT
WHEN YOU ARE NAMED IN A CLAIM:                                                NURSING & MALPRACTICE:

Malpractice Crisis Affecting Patient Care

Medical Malpractice: Implications of Rising Premiums on Access to Health Care GAO (Government Accounting Office) August 2003

Effects of a Malpractice Crisis on Specialist Supply and Patient Access to Care
by Michelle M. Mello, J.D., Ph.D., et al, June 2005 Report funded by Pew Charitable Trust for Medical Liability Project in Pennsylvania

Caring for Patients in a Malpractice Crisis: Physician Satisfaction and Quality of Care Health Affairs 23(4):42-53, 2004. © 2004 Project HOPE Michelle M. Mello; David M. Studdert; Catherine M. DesRoches; et al.

Medical Liability Crisis Threatens Oncology Community: Is it jeopardizing quality cancer care? Marion Dinitz from Oncology Issues, October, 2004.

Medical Liability Survey Reaffirms More Ob-Gyns Are Quitting Obstetrics July 2004 survey on reduction of services in both obstetrics and gynecology, reduced number entering specialty for 3rd year in a row.

Liability insurance premium hikes take bite out of physicians' income (especially in Florida!) Graphs give you the picture. Source: MANAGED CARE May 2003 with the source being the Medical Liability Monitor

Defensive Medicine: Definition and Causes Older study from Princeton.

An Analysis of the Impacts of the Medical Malpractice System from the Washington Policy Institute (Can download a PDF)

Testimony of GAO to House Ways & Means Committee on Medical Malpractice. Even though this is from 1995, it gives a sense of the scope of impact.

To Err is Human (Institute of Medicine, 2000)

Dispelling Malpractice Myths William R. Brody, The Washington Post, November 14, 2004

Is the Legal System Killing Healthcare? by William R. Brody, President The Johns Hopkins University

Medical Malpractice Law in the United States TM Walters, 2005

Selected Malpractice Claim Data (sources listed)

Selected Health Care Cost Data (how current malpractice affects cost)

Examining the Work of State Courts 2003 from the National Center for State Courts, Court Statistics Project (2002 is also available) Medical malpractice cases are listed under Tort/Contract section.

The Forgotten Third: Liability Insurance and the Medical Malpractice Crisis
A must read for understanding factors that contribute to the crisis and future directions for malpractice reform. Written by William Sage, a physician and professor of law Columbia School or Law. You can download the full article from Health Affairs.

Resolving the Medical Malpractice Crisis: Fairness Considerations by Maxwell J. Mehlman (complete report is also available to download) Project on Medical Liability in Pennsylvania funded by The Pew Charitable Trusts

Demonstration Mediation and ADR Project Principal Investigators: Carol B. Liebman, Clinical Professor, Columbia Law School and Chris Stern Hyman, Medical Mediation Group, LLC Lists factors that contribute to claims being filed, physician behavior in adverse events, etc.

A Mediation Skills Model to Manage Disclosure of Errors and Adverse Events to Patients Carol B. Liebman; Chris Stern Hyman Health Affairs 23(4):23-32, 2004. © 2004 Project HOPE

Addressing the New Health Care Crisis: Reforming the Medical Litigation System to Improve the Quality of Health Care From the US Department of Health and Human Services explores the impact of the current system on the injured patient, insurance premiums, health care costs, access to healthcare and quality of healthcare. You can download a PDF version of the report.

Coalition and Center for Ethical Medical Testimony Values for expert medical testimony to be ethical. See Statement of Direction section.

Abusive Expert Testimony: Toward Peer Review by L. William Luria, M.D., F.A.C.S., LHRM and Dennis S. Agliano, M.D., F.A.C.S.

'Dirty Little Secret' behind the Medical Malpractice Crisis by Francis J. Collini, MD in Physician News. Discusses expert testimony.

Reducing liability through patient accountability (Physician's News Digest) By James W. Saxton, Esq
Published May 2003

Addressing the Medical Malpractice Insurance Crisis from the NGA Center for Best Practices

Behind the Medical Malpractice Crisis January 2005 issue of Medical Economics explores various aspects of the problem.

Malpractice Reforms Ineffective While focused on Pennsylvania, many common tort reforms are discussed.

Defining the Terms: Medical Liability Reform Provisions and the American College of Surgeons' model provisions for each.

The Impact of Non-Economic Damage Caps on Physician Premiums, Claims Payout Levels, and Availability of Coverage from Weiss Rating June 2, 2003 revised June 3, 2003

The Medical Malpractice Crisis Tort Reform, No-Fault and Award Caps are Debated By Kelly M. Pyrek in SurgiCenter Online

Expert Medical Courts: An Idea Whose Time Has Come Editorial in Contemporary OB/GYN on an alternative to the current system of addressing patient injury.

Issues and Allegations: Medical Malpractice by The American Voice that explores different positions on the crisis and reforms.

Development of an Early Identification and Response Model of Malpractice Prevention from Law and Contemporary Problems, Duke University

Apology Subverted: The Commodification of Apology by Lee Taft, Yale Law Journal

Comprehensive Guide to Tort Reform in the States Summaries from the American Tort Reform Association. Just click on your state on the map and see reforms in your states, including ones that whose constitutionality has been challenged with outcomes.

A Proposed Remedy for Medical Malpractice Miseries by Jeffrey O'Connell at the 51st Annual Meeting of the American College of Obstetricians and Gynecologists

Risk Management Suggestions for OB/GYNs from Mag Mutual

Your Patient Thought You Said What? Do's and don'ts in helping patients understand what physicians tell them. Medical Economics.

Enhanced Communication to Reduce Liability In Physician News, article by James W. Saxton, Esq. & Maggie M. Finkelstein, Esq.

Do You Have the Right Malpractice Insurance Policy? David R. Dearden, JD; Michael R. Burke, JD Fam Pract Manag 11(10):64-67, 2004. © 2004 American Academy of Family Physicians Make sure your policy doesn't contain unpleasant surprises. Explores types of coverage, consent to settlement clauses, exlusions and more.

Managing Medical Malpractice Stress Part 1: Impact & Symptoms from Mag Mutual Page 1: The Impact & Symptoms; Page 2: Successfully Managing the Stress; Page 3: Specific Do's and Don't's

Litigation Stress from E-Medicine Last Updated: September 17, 2004

Nurses, Negligence, and Malpractice by Eileen M. Croke, EdD, ANP, LNC-C from the American Journal of Nursing, Sept. 2003

Nursing malpractice: Understanding the risks (first of 3 modules)
Nurse's Guide to Malpractice: Module 1, March 2003 Can be read on-line for free or can be used for CE for small fee.

7 tips on avoiding malpractice claims (for nurses) Edith Ann Brous, RN, MPH, MSN, JD Nursing 2004 June 2004 Volume 34

Nursing Malpractice (related to Malpractice)

Coalition and Center for Ethical Medical Testimony Values for expert medical testimony to be ethical. See Statement of Direction section.

American Tort Reform Association Look up progress in reform in your state, discussion of the issues and possible new directions.

Common Good, Restoring Common Sense to American Law
Information on alternatives to current system, fact sheets and more. Extensive information on a health court system proposal.

As always, I welcome your constructive comments and suggestions about the material on this website and how we can all be most effective in co-creating the kind of healthcare system we all want.
E-mail me at
© Dawn Lipthrott, Ethical Health Partnerships, 2004

(May be copied and distributed as long as this identifying information is retained on copies.)

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