Solving the physician's dilemma: an HIV partner-notification plan.
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The Dutch Bar Association is considering the introduction of the contingency fee system ('no cure no pay'). Opponents believe that such a system will lead to an increase of legal procedures in health care as well as in other areas. However, experiences from the United States point in another direction. It appears that other elements of the Unites States tort system have a far greater risk of causing legalization than the contingency fee, notably the litigious society structure, the large compensations and the system of punitive damage, the jury system, and the widespread lack of social security. Nevertheless, a no fault health insurance system is preferable to the contingency fee system.
This article focuses on certain noteworthy legislation and cases affecting medicine and law during the period September 1, 2001, to August 31, 2002. It does not attempt to discuss every case or piece of legislation, but instead seeks to summarize some of the more significant developments in this area of law.
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Americans do not have to put up with a dysfunctional medical malpractice liability system that raises costs, lowers quality, limits access, and erodes trust. The key is to offer something better: a systematic approach that brings runaway malpractice costs under control while at the same time protecting patients and improving the quality of care that they can expect to receive. We are coming to recognize that we really cannot sue our way to better healthcare. If the nation's goal is to stretch our finite healthcare dollars by improving the transparency, accountability, and overall effectiveness of the healthcare system, malpractice liability reform clearly has to be part of the foundation on which we build in the years ahead.
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