235 research outputs found
Recent Developments: Torts—Punitive Damages—Allowed in Maryland for Wanton Disregard of Human Life. Smith v. Gray Concrete Pipe Co., Inc., 267 Md. 149, 297 A.2d 721 (1972)
Recent Developments: Copyright—Extensive Photoduplication of Copyrighted Scientific Journals by Libraries Does Not Constitute Copyright Infringement. Williams & Wilkins Co. v. United States, 487 F.2d 1345 (1973)
Recent Developments: Copyright—Extensive Photoduplication of Copyrighted Scientific Journals by Libraries Does Not Constitute Copyright Infringement. Williams & Wilkins Co. v. United States, 487 F.2d 1345 (1973)
Administrative Law — Contral Law — FPC Summary Action in Natural Gas Pipeline Interim Curtailment Practice — Consolidated Edison Co. v. FPC
Bridging the Perspectives and Developmental Needs of All Participants in Curriculum-Based Telementoring Programs
Telementoring, also referred to as e-mentoring or online mentoring, has been carried out in a wide range of K–12 environments and continues to grow in popularity. Through a review of several studies, we argue that the potential for telementoring to support deeper and more authentic school learning will not be fully realized unless researchers pay more conscious attention to the developmental character of telementoring relationships. We discuss the flaws of up-front training as an approach to improving program outcomes, and compare three other strategies (iteration, facilitation, and open access to models) that can be used in combination to supplement training
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The Black and Green Atlantic: Cross-Currents of the African and Irish Diasporas
The Effects of Malpractice Tort Reform on Defensive Medicine
Positive defensive medicine occurs when physicians order additional tests or procedures primarily to avoid malpractice liability. This paper shows the degree of defensive medicine occurring across states is related to the malpractice environment in the states. As the environment changes due to malpractice tort reform, defensive medicine practices also change. This paper shows the existence of positive defensive medicine and how it adds to total health care expenditures for head trauma victims in 23 states in 2000. Moreover, given different malpractice environments across states, we witness variations in defensive medicine practices leading to differences in health care expenditures
The Effects of Malpractice Tort Reform on Defensive Medicine
Medical malpractice crises occur across states to differing degrees, thus the proposed changes in state tort reforms differ accordingly. The primary overt goals of tort reform aim to address: rising medical malpractice insurance rates, increased frequency and severity of awards, and the increased incidence of doctors shuttering offices or fleeing states due to untoward malpractice environments. A secondary goal of tort reform is to reduce health care costs attributed to malpractice costs. Clearly, as malpractice tort reforms are debated in state capitols and reforms take place, the effects of the reforms on the goals above can be examined. However, there is an often ignored implication of reform requiring attention. How do reforms affect doctors\u27 decisions and behaviors in treating patients? Specifically, do doctors change their behavior as the malpractice environment changes, and if so, do these changes affect health care costs? Given the variety of state tort reforms occurring over the last several years, we can examine how each one affects health care costs attributed to changes in physician behavior.
Since the early 1970\u27s economists, lawyers, and many within the medical community have debated the existence of defensive medicine. Using the Office of Technology Assessment definitions (OTA, 1994), positive defensive medicine occurs when physicians order additional tests or procedures primarily to avoid malpractice liability. Negative defensive medicine occurs when doctors avoid certain patients or treatments chiefly out of concern for malpractice liability. The thrust of this paper deals with positive defensive medicine. Given different malpractice environments across states, we witness variations in positive defensive medicine practices leading to differences in health care expenditures.
The plan of the paper is as follows. First, we note the existence of defensive medicine. Next, we discuss malpractice tort reform across states. Lastly, we show which reforms have demonstrable impacts on defensive medicine and therefore on health care expenditures
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