Holding Health Care Accountable: Law and the New Medical Marketplace

Hardcover | September 15, 2001

byE. Haavi Morreim

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Health care in the US and elsewhere has been rocked by economic upheaval. Cost-cuts, care-cuts, and confusion abound. Traditional tort and contract law have not kept pace. Physicians are still expected to deliver the same standard of care -- including costly resources - to everyone, regardlesswhether it is paid for. Health plans can now face litigation for virtually any unfortunate outcome, even those stemming from society's mandate to keep costs down while improving population health. This book cuts through the chaos and offers a clear, persuasive resolution. Part I explains why neweconomic realities have rendered prevailing malpractice and contract law largely anachronistic. Part II argues that pointing the legal finger of blame blindly or hastily can hinder good medical care. Instead of "whom do we want to hold liable," we should focus first on "who should be doing what, forthe best delivery of health care." When things go wrong, each should be liable only for those aspects of care they could and should have controlled. Once a good division of labor is identified, what kind of liability should be imposed depends on what kind of mistake was made. Failures to exerciseadequate expertise (knowledge, skill, care effort) should be addressed as torts, while failures to provide promised resources should be resolved under contract. Part III shows that this approach, though novel, fits remarkably well with basic common law doctrines, and can even enlighten ERISA issues.With extensive documentation from current case law, commentary, and empirical literature, the book will also serve as a comprehensive reference for attorneys, law professors, physicians, administrators, bioethicists, and students.

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Health care in the US and elsewhere has been rocked by economic upheaval. Cost-cuts, care-cuts, and confusion abound. Traditional tort and contract law have not kept pace. Physicians are still expected to deliver the same standard of care -- including costly resources - to everyone, regardlesswhether it is paid for. Health plans can no...

E. Haavi Morreim is a Professor in the College of Medicine, University of Tennessee, Memphis. For twenty years her research and writing have explored medicine's changing economics, with numerous publications in journals of law, medicine, and ethics.

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Format:HardcoverDimensions:336 pages, 5.91 × 9.09 × 1.3 inPublished:September 15, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195141326

ISBN - 13:9780195141320

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Table of Contents

1. IntroductionPART I: JURISPRUDENTIAL PROBLEMS2. Physicians and Tort Liability3. Health Plans and Tort Liability4. Health Plans and Contract LiabilityPART II: ADDRESSING THE PROBLEMS: RESHAPING LEGAL STANDARDS5. Preliminary Questions6. A Basic Distinction7. Reshaping Liability for Physicians8. Reshaping Liability for Health Plans: Expertise and Tort9. Reshaping Liability for Health Plans: Resources and ContractPART III: ASSESSING THE PROPOSED APPROACH: PROSPECTS FOR JUDICIAL ACCEPTANCE10. Judicial Acceptability11. Special Issues in ERISA12. ReflectionsReferencesTables of Cases

Editorial Reviews

"This well-written book describes the background for the current conflict between traditional legal doctrines and the medical cae environment, and proposes viable solutions for medical malpracitce cost reform."--Scope