Journal article
ENTERPRISE LIABILITY AND HEALTH CARE REFORM: MANAGING CARE AND MANAGING RISK
Saint Louis University Law Journal, Vol.39, pp.77-1429
01 Oct 1994
Abstract
Introduction THE resurgence of national political interest in reform of the American health care system has moved malpractice reform to the forefront of public consciousness as well. Malpractice reform has traditionally manipulated the interactions of three main systems - medicine, law and liability insurance. In the interests of reform, states have altered expert testimony requirements, restricted damage awards, and changed modes of dispute resolution. The insurance industry, meanwhile, has developed different policies and new insurance carriers have been created. 1 Piecemeal state reforms have reduced both the frequency of malpractice litigation and the size of awards. 2 But they ignore major changes in the delivery of health care in the competitive environment of the 1990s. Doctors and hospitals are now often part of "delivery systems," complex entities that include group practices, managed care organizations, and hospitals. Health care is now both "delivered" and "managed" through protocols of treatment, measurement of past performance, incentive systems, and new organizational structures. Managed care organizations are developing protocols to manage disease, and the marketing of good quality care by these organizations requires that they know much more about the care their subscribers receive. Employers demand it, consumers want it, and the competition for subscribers makes it desirable as a way of distinguishing the competing providers. Such organizations are taking on liability by employing physicians as employees rather than as independent contractors, abandoning the traditional hospital-physician employment model. About 11% of all HMOs now employ their physicians. More than half ...
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Details
- Title
- ENTERPRISE LIABILITY AND HEALTH CARE REFORM: MANAGING CARE AND MANAGING RISK
- Creators
- BARRY R. Furrow
- Publication Details
- Saint Louis University Law Journal, Vol.39, pp.77-1429
- Publisher
- Saint Louis University School of Law
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020542444604721