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Holding Health Care Accountable Law and the New Medical Marketplace 1st Edition by Haavi Morreim ISBN 0195141326 9780195141320

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Holding health care accountable law and the new medical marketplace 1st Edition Morreim Digital Instant Download

Author(s): Morreim, E. Haavi
ISBN(s): 9780195141320, 0195141326
Edition: 1
File Details: PDF, 20.77 MB
Year: 2001
Language: english
SKU: EB-5893088 Category: Tags: ,

Holding Health Care Accountable Law and the New Medical Marketplace 1st Edition by Haavi Morreim – Ebook PDF Instant Download/Delivery: 0195141326, 9780195141320
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ISBN 10: 0195141326 
ISBN 13: 9780195141320
Author: Haavi Morreim

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, regardless whether 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 new economic 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, for the 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 exercise adequate 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.

Holding Health Care Accountable Law and the New Medical Marketplace 1st Table of contents:

Chapter 1. Introduction
PART I: JURISPRUDENTIAL PROBLEMS
Chapter 2. Physicians and Tort Liability
A. Economic Upheaval
B. Inadequacies of Current Malpractice Tort Law
C. Recasting Physicians’ Duty of Care
D. Conclusion: The Traditional Custom-Based Approach to Setting the Medical Standard of Care Should
Chapter 3. Health Plans and Tort Liability
A. Historical Overview
B. Growth of Liability for Health Plans
C. Challenges in Ascribing Tort Liability to Health Plans
Chapter 4. Health Plans and Contract Liability
A. Obstacles to Effective Contracting
B. Consequences of Ineffective Contracting
PART II: ADDRESSING THE PROBLEMS: RESHAPING LEGAL STANDARDS
Chapter 5. Pinpointing the Issues
A. Two Prospective Answers to the Jurisprudential Dilemmas
B. The Real Dispute: Who Should Control What
C. Who Should Control What: Seeking a Reasonable Balance
Chapter 6. A Basic Distinction
A. Expertise
B. Resources
C. Litigating Breaches of Duty: Expertise Versus Resources
Chapter 7. Reshaping Liability for Physicians
A. Physicians and Expertise
B. Physicians and Resources
Chapter 8. Reshaping Liability for Health Plans: Expertise and Tort
A. Duties of Expertise in Four Domains
B. Reducing Corporations’ Practice of Medicine
C. Tort Litigation for Breach of Expertise Duties
Chapter 9. Reshaping Liability for Health Plans: Resources and Contract
A. Conditions for Effective Contracting
B. Guidelines-Based Contracting: Choosing and Enforcing Resource Entitlements and Resource Limits
PRAT Ill: ASSESSING THE PROPOSED APPROACH: PROSPECTS FOR JUDICIAL ACCEPTANCE
Chapter 10. Judicial Acceptability
A. Physicians’ Liabilities
B. Health Plans’ Liabilities: Expertise and Tort
C. Health Plans’ Liabilities: Resources and Contract
D. Implications for Litigation
E. Summary
Chapter 11. Special Issues In ERISA
A. Quality–Quantity: Paralleling The Expertise–Resource Distinction
B. Quality–Quantity: A Flawed Distinction
C. Fixing the Problems: ERISA and Resource Issues
D. ERISA’s Future
Chapter 12. Reflections

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