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Medical Injury Compensation A Time for Testing New Approaches
Walter Wadlington, LLB
JAMA. 1991;265(21):2861.
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| Since this article does not have an abstract, we have provided the first 150 words of the full text PDF and any section headings. |
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Despite an improved climate for professional liability insurance, medical injury compensation remains a subject of serious concern. The current tort system has been assailed as too slow, too costly, too complicated, and inconsistent in awards. Some critics assert that it induces overutilization through "defensive" medicine while limiting access by influencing physicians to forgo high-risk procedures or to shift to specialties with less liability exposure. Many medical practitioners also contend that it often stigmatizes physicians unfairly.
Legislative reform in the 1970s and 1980s produced changes in the tort system in response to perceived crises arising from the increasing cost and diminishing availability of professional liability insurance. Because of limited understanding about the nature and dimensions of the problems at which they were directed, it was highly conjectural whether those remedies would effect anything close to a cure.
Today's situation differs significantly. We now have a significant body of research, and such
. . . [Full Text PDF of this Article]
Author Affiliations
From the University of Virgina School of Law, Charlottesville.
Footnotes
The views expressed herein are the author's, and no official endorsement by the Robert Wood Johnson Foundation should be inferred.
Reprint requests to the University of Virginia School of Law, Arlington Blvd at Massie Rd, Charlottesville VA 22901 (Mr Wadlington).
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