November 18, 2008

Policy Issues in Insurance No. 11 Medical Malpractice: Prevention, Insurance and Coverage Options (Policy Issues in Insurance) (Policy Issues in Insurance)

Confidence in a countrys health care system requires indemnification and deterrence systems that adequately cover liability, provide fair compensation for injury, and deter medical malpractices. Over the last years, in many OECD countries, these systems have experienced difficulties resulting in high-risk specialty physicians and surgeons leaving the practice and the development of expensive and uselessif not riskydefensive medicine. This publication surveys and assesses various types of mechanisms and reforms that best limit and indemnify medical accidents. Reasons for difficulties faced by some compensation and prevention regimes, given the specificities of national circumstances and in particular of health care systems, are examined. The study offers a series of unique and focused policy options for establishing more efficient indemnification and deterrence systems to cope with medical accidents.Table of Content : Introduction: A Supply “”Crisis”" in Some Countries Chapter 1. Coping with Medical Malpractice in OECD Countries -Differences in the System of Compensation for Medical Malpractice in OECD Countries -All Systems are Experiencing Difficulties at Various Degrees -Worrying Effects Chapter 2. Driving Factors -Expanding Risk: Evidence of Medical Error? -Escalating Damages Resulting from Both Increased Frequency and Severity of Claims -Insurability Concerns Chapter 3. No One-Fold Solution -Enhancing Risk Insurability -Seeking Alternatives to Enhance Capacity Supply through Market Solutions -Complementary or Stand-Alone Market/Policy Options -Conclusion Chapter 4. Suggested Policy Options -Remaining in the Framework of a Litigation System Combined with Medical Malpractice Insurance Coverage -Opting for a Comprehensive No-Fault System -Enhancing Medical Risk Management Selected References Annex A. Comparative Tables on the Coverage and Compensation of Medical Malpractice in OECD Countries

Author: oecd publishing
Paperback:  82 pages
Company: oecd publishing  (2007-01-10)
ISBN: 9264029044
List Price: $40.00
Amazon Price: $39.99
Used Price: $41.18

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Medical Malpractice and the Statute of Limitations

As long as there is a need for medical attention there will be cases of medical malpractice. By definition, medical malpractice is a professional negligence whether by act or omission from a health care provider in which care provided deviates from accepted standards of practice and ends up causing injury to the patient. For this reason, medical professionals are required to maintain professional liability insurance in case of lawsuits based on medical negligence.
When referring to medical malpractice law, the statute of limitations refers to the period of time that an injury is discovered to the final date on which a malpractice suit can be filed. If a malpractice suit is filed and the statute of limitations has already expired then the defendant can have the case dismissed for being untimely. Of course it is the defending clinical negligence solicitors obligation to alert the court of this violation. The statute of limitations will vary from state to state, and it will differ according to each claim, but the limit may range from six months to four years. There are some cases in which an injury is not discovered for months or years after occurrence. In cases like this, under medical […]

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November 17, 2008

Think About The Fees Before You Choose A Lawyer

You probably know that lawyer’s fees can vary and that a good attorney can cost a lot of money. Depending on the kind of case you want to file, you may be able to reduce your legal fees.
Here are some things you’ll need to know in order to consider your options:
A more experienced attorney will charge more than a lawyer who is just starting out and, in a law firm, a partner or senior associate will charge a lot more than a junior attorney or associate.
Your fees for consultation time may be charged at a different hourly rate than time spent in the courtroom or in discussions with a judge.
The attorney will also charge a fee for the time her legal assistants spend on research.
Talk to your prospective lawyers about other lawsuit funding and legal fee structures to see what the best option may be for you.
If your case relates to personal injury, medical malpractice, or workers compensation you may have a good chance of getting your lawyer to agree to a contingency fee.

Lawyers will decide whether a contingency fee is appropriate based on the evidence they have and how likely they think it is that they can win […]

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