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Biomedical subjects

B D Hirsh

Publications and source records attributed to B D Hirsh.

12 recordsLinked to original sources

The medical liability insurance crisis: how it began.

Economic pressures, awareness that physicians can be sued, improved medical care, and increased patient expectations have led to the skyrocketing liability insurance costs physicians face today. In the early days when the doctor could offer hope but little medicine, patients were not inclined to sue for medical "failures." But with the Great Depression, World War II, more recent medical advances changed the patient-physician relationship. Patients had gained the expertise of specialists, but often lost the personal relationship they once shared with their primary physician. Thus, when treatments were unsuccessful, the patient often-times blamed the physician. Insurance premiums (and patient costs) increased, while patients became even more aware that physicians were covered by insurance. This article reviews key economic, medical, and social events that led to the present medical liability insurance crisis.

Costs and Cost Analysis

Medical experts compete to testify for malpractice plaintiffs.

This article describes the activities of physicians who offer their services for hire as witnesses and consultants to attorneys in malpractice litigation. Cases illustrating the extent of the problem are discussed along with legal and ethical restrictions on witnesses and contingent-fee payment of medicolegal consultants. A common belief is that the ever-present threat of malpractice litigation, which hangs over the heads of physicians like the sword of Damocles, is due to avaricious lawyers, unrealistic expectations of patients, and the reckless generosity of juries with other people's money. But physicians also have exacerbated a troublesome situation. Gone is the universal reluctance of doctors to testify against other doctors.

Ethics, Medical

'Puffing' in medical advertising expands liability.

Advertising is nothing new to the medical profession, although for many years reputable doctors did not advertise their skills. In 1975, the Federal Trade Commission (FTC) successfully argued in a case that was appealed to the Supreme Court that the AMA had unlawfully restricted medical advertising. While the FTC usurped the job of policing medical advertising, it seems to regard medical adverstising as a local problem not worthy of FTC attention. It has avoided setting standards for medical advertising and has failed to initiate significant enforcement against deceptive medical advertising. This article briefly reviews the historical role of advertising in modern American medicine and discusses advertising in relation to risk management.

Advertising

Parenthood by proxy.

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Adoption