Prospettive Internazionali - U.S. Medical Malpractice Mediation

Author/s Janice F. Mulligan, Courtney L. Wine
Publishing Year 2017 Issue 2017/1
Language English Pages 16 P. 105-120 File size 131 KB
DOI 10.3280/SISS2017-001010
DOI is like a bar code for intellectual property: to have more infomation click here

Below, you can see the article first page

If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits

Article preview

FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.

This Article explores U.S. medical malpractice mediation. The authors delve into the ramifications of settling malpractice claims for physicians, which includes mandatory reporting to state medical boards as well as to the National Practitioners Data Bank, examine "consent-to-settle" clauses in professional liability insurance contracts, and conclude by determining that, overall, mediation is a great tool for all in medical malpractice lawsuits.

Keywords: Medical; malpractice; mediation; settlement; mandatory.

  1. Diederich Healthcare. “2013 Medical Malpratice Payout Analysis.”
  2. Diederich Healthcare. “2016 Medical Malpratice Payout Analysis.”
  3. Dyrda L. (2014). 12 Statistics on Medical Malpractice for Orthopedic, Neurosurgeons. Becker’s Spine Review. (Dec. 15)
  4. Gamble M. (2013). “29 Statistics on Medical Malpractice Payouts and Lawsuits.” Becker’s Hospital Review. (May 3)
  5. Greer T.E. (2009). Alternative dispute resolution in medical liability cases. American Academy of Orthopaedic Surgeons. (July 2009).
  6. Harming Patient Access to Care (2002). Implications of Excessive Litigation. Subcommittee on Health. Committee on Energy and Commerce, US House of Representatives. Washington, DC: US Government Printing Office.
  7. Hyman C.S. (2010). Interest-based mediation of medical malpractice lawsuits: a route to improved patient safety. J. Health Polit. Policy Law, 35(5): 797–828.
  8. Jena A.B. et al. (2011). Malpratice Risk According to Physician Specialty. Engl. J. Med, n. 7: 629–636.
  9. Krauss M.I. (2014). The Puzzle of Medical Malpractice Payouts. Forbes. (Mar. 27).
  10. Liebman C.B. (2011). Medical Malpractice Mediation: Benefits Gained, Opportunities Lost. 136 Law and Contemporary Problems. Vol: 74, 135.
  11. Morreim H. (2011). Moral Hazard: The Pros and Cons of Avoiding Data Bank Reports. 266 Drexel Law Review Vo. 4 264, 265.
  12. Sohn D.H, Bal B.S. (2012). Medical Malpractice Reform: The Role of Alternative Dispute Resolution. Clin. Orthop. Relat. Res, 470(5): 1370–78.
  13. Studdert D.M. et al. (2006). Errors, and Compensation Payments in Medical Malpractice Litigation. Engl. J. Med, n. 354: 2024–33.
  14. The Physician Insurers Association of America (2004). Claim Trend Analysis. Rockville, MD, USA.

Janice F. Mulligan, Courtney L. Wine, Prospettive Internazionali - U.S. Medical Malpractice Mediation in "SICUREZZA E SCIENZE SOCIALI" 1/2017, pp 105-120, DOI: 10.3280/SISS2017-001010