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Results for “Medical Liability”

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Legal. Legal experiments.

As congress debates med-mal fixes, states are once again proving to be laboratories for reform. Legislators and providers are looking for innovative ways to curb the rising costs of liability insurance.

Compensation and Redress↗

Reuse of single-use medical devices: informed consent and physician liability.

This overview addresses the controversial practice of reuse and reprocessing of single-use medical devices and the issues this practice raises for physician liability. Specifically, we describe the health risks associated with medical device reprocessing, analyze the market costs arising from the reuse and reprocessing of single-use medical devices, and discuss physician liability for failure to obtain informed consent of the patient for the use of reprocessed single-use medical devices.

Disposable Equipment↗

Medical malpractice and the transformation in health care delivery.

The author present a discussion of the expansion of liability for medical malpractice through the erosion of traditional fault concepts. Tensions are noted between this expansion of liability and the increasing emphasis on cost containment in both the public and private sectors. Various approaches to tort reform are surveyed and analyzed with particular attention directed to comprehensive reforms recently adopted in Florida. Increased emphasis on risk management is suggested as a plausible alternative to tort reform. Finally, the employment of contractual solutions is suggested as appropriate in light of the increasingly competitive health care environment.

Insurance, Liability↗

Medicare program, services covered under automobile medical, no-fault, or liability insurance; services furnished to ESRD beneficiaries who are covered under employer group health insurance--Health Care Financing Administration. Final rule.

These regulations set forth policies and procedures on coverage of services that are reimbursable under automobile medical, no-fault, or liability insurance, and services to end-stage renal disease (ESRD) beneficiaries who are also covered under employee group health plans. The regulations are necessary to implement section 953 of the Omnibus Reconciliation Act of 1980 and section 2146 of the Omnibus Budget Reconciliation Act of 1981. The first of these sections excludes from Medicare coverage any services for which payment has been made or can reasonably be expected to be made under an automobile or liability insurance policy or plan or under no-fault insurance. The second section makes Medicare benefits secondary to benefits payable under an employer group health plan for services furnished to ESRD beneficiaries during a specified period of up to 12 months. The intent is to conserve Medicare funds and prevent duplicate payments by Medicare.

Centers for Medicare and Medicaid Services, U.S.↗