Medical Malpractice: Alternatives to Litigation : Report to Congressional Requesters |
Common terms and phrases
30 days affirmative defense Alaska Appendix appoint arbitration agreements Arbitration of Medical arbitrators then select assessments Association Physicians Insurance attorney Award Payments binding arbitration Birth-Related Neurological Injury choose an arbitrator claims filed Colorado damages days from signing defendant each choose Defensive medicine enacted statutes filed for arbitration Florida Birth-Related Neurological fund Georgia Illinois Louisiana gynecologists health care provider HMOS hospitals ical injured infant Injuries in Virginia Injury Compensation Plan Kaiser Permanente Lawyers Association Physicians malprac Malpractice Arbitration Statutes malpractice insurance mandatory arbitration Medical Association Medical Malpractice Arbitration medical malpractice claims Medical Society Michigan Michigan's Medical Malpractice Neurological Injury Compensation Number of claims obstetrical Panel Selection Method patients Physicians Insurance Company plaintiff and defendant practice parameters Requirements of Arbitration select the third South Dakota specialties standard standard of care statutes authorizing Statutes for Medical supreme court Table II.1 third panel member Trial Lawyers Association unique approach Utah Vermont Virginia and Florida
Popular passages
Page 26 - Birth-related neurological injury' means injury to the brain or spinal cord of an infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation in the immediate post-delivery period in a hospital which renders the infant permanently motorically disabled and (i) developmentally disabled or (ii) for infants sufficiently developed to be cognitively evaluated, cognitively disabled. In order to constitute a 'birth-related neurological injury...
Page 26 - birth-related neurological injury" within the meaning of this chapter, such disability shall cause the infant to be permanently in need of assistance in all activities of daily living. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality, degenerative neurological disease, or maternal substance abuse. "Claimant" means any person who files a claim pursuant to § 38.2-5004 for compensation for a birth-related neurological...
Page 2 - ... to reduce the uncertainty and unpredictability of the risk associated with delivering seriously injured babies. To address these problems, both states enacted no-fault programs limited to resolving medical malpractice claims involving birth-related neurologically-injured infants. No-fault programs are designed to remove the difficulty of proving that an injury resulted from a health care provider's negligence or fault. Generally, under the no-fault alternative, compensable injuries and compensation...
Page 27 - It also found that the mandatory assessments do not violate the equal protection or due process clauses of the constitution.
Page 3 - ... states. Mandatory binding arbitration Over 6 million enrollees at Kaiser Permanente and Ross-Loos accepted a mandatory arbitration provision as a condition of enrollment. While these health maintenance organizations would not provide detailed data on their malpractice claims experience, they indicated that they believe this alternative is successful because it results in faster claims resolution, lower defense costs, and more predictable and equitable decisions. Plaintiffs in California challenged...
Page 26 - ... motorically disabled and (i) developmentally disabled or (ii) for infants sufficiently developed to be cognitively evaluated, cognitively disabled. In order to constitute a 'birth-related neurological injury' within the meaning of this chapter, such disability shall cause the infant to be permanently in need of assistance in all activities of daily living. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality, degenerative...
Page 8 - HMO officials indicated that a majority of the claims filed for arbitration are either closed without payment or settled before a hearing is held.
Page 10 - ... allege that the anesthesiologist had failed to adequately monitor the level of oxygen in the blood. In such a case, how frequently and in what way the anesthesiologist should have monitored the patient would be the essential factors in establishing the physician's negligence.
Page 9 - Risk management protocols must establish standards of practice designed to avoid malpractice claims and increase the defensibility of those that are pursued.
Page 19 - Bar and acts as the chairperson, (2) appointed from a list provided by the professional association representing the same area of practice as the...