Medicare-Led Malpractice Reform

Document Type

Book Section

Publication Date

6-2006

ISBN

9780521614115

DOI

10.1017/CBO9780511617836.017

Abstract

There is increasing interest among policy makers in an integrated approach to patient safety and medical liability. This chapter proposes and develops a breakthrough medical malpractice reform: a system of medical error identification, patient notification, rapid compensation, and safety improvement within the Medicare program. The reform would provide Medicare beneficiaries with better safety, improved communication in event of error, preservation of therapeutic relationships, timely settlement, and fair compensation at lower administrative cost. Disputes in the reformed system would be adjudicated by Medicare's existing administrative appeals system, which would work together with Medicare's quality improvement regulation and payment policy to reduce errors and compensate injured patients. Testing reform within Medicare would also make it possible to extend future reforms to the Medicaid population, which is also less likely than younger, nonindigent patients to bring malpractice claims.

First Page

318

Last Page

350

Num Pages

33

Publisher

Cambridge University Press

Editor

William M. Sage & Rogan Kersh

Book Title

Medical Malpractice and the U.S. Health Care System

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