He urges Medicare and Medicaid to play a major role in the medical liability system of the future.Carol Liebman and Chris Hyman of Columbia Law School examine a program of medical error communication and mediation-based dispute resolution that can improve patient care as well as reduce malpractice litigation. The measure can be adopted voluntarily by hospitals and physicians even if political consensus on legislative reform is lacking.
Catherine Struve, a professor at the University of Pennsylvania Law School, suggests simpler, more effective ways to help judges and juries make better-informed rulings with respect to both liability and damages.In a study not part of the Pew research, Harvard’s David Studdert and colleagues review a sample of high-end jury verdicts that were subject to California’s cap on noneconomic damages. They conclude that the cap is unfair to patients who suffer grave injuries involving pain and disfigurement.The researchers for this report are Michelle M.
Department of Health Policy and Management, Harvard School of Public Health. David Studdert is an associate professor of law and public health at the Harvard School of Public Health. Catherine DesRoches is a research assistant in that department. Jordon Peugh is a senior research manager at Harris Interactive in New York City, where Kinga Zapert is a vice president. Troyen Brennan is a professor of law and public health, Department of Health Policy and Management, Harvard School of Public Health, and a professor of medicine in the Department of Medicine, Harvard Medical School.


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