Health Care Liability Reform and Quality Assurance Act of 1995: Hearing Before the Committee on Labor and Human Resources, United States Senate, One Hundred Fourth Congress, First Session, on S. 454, to Reform the Health Care Liability System and Improve Health Care Quality Through the Establishment of Quality Assurance Programs, March 28, 1995

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Page 91 - Another study examined workers' compensation claims in California and found that self-referral increases the cost of medical care covered by workers' compensation for physical therapy, psychiatric evaluation services and MRI Scans. Swedlow, Alex; Johnson, Gregory; Smithline, Neil; and Milstein, Arnold, "Increased Costs and Rates of Use in the California Workers' Compensation System as a Result of Self-Referral by Physicians," The New England Journal of Medicine, Vol.
Page 1 - US SENATE, COMMITTEE ON LABOR AND HUMAN RESOURCES, Washington, DC. The committee met, pursuant to notice, at 9:30 am, in room SD-430, Dirksen Senate Office Building, Senator Nancy Landon Kassebaum (chairman of the committee) presiding.
Page 93 - Should alternative dispute resolution be included in a national health access proposal? The ABA has long supported the use of various methods of alternative dispute resolution (ADR) and was an early leader in advocating for its use. We encourage providing appropriate ADR options in a national health access proposal as an efficient means of expediting medical malpractice claims. In 1976, the ABA co-sponsored a conference in St. Paul, Minnesota. The conference sought to address two principal topics:...
Page 89 - Near the end of 1985 the ABA, through its President, appointed an Action Commission to Improve the Tort Liability System. The 14-member Commission was asked to develop specific proposals to improve the tort liability system. The members of the Commission were federal trial and appellate court judges; a State Supreme Court Justice; corporate counsel, including those with insurance experience; consumer and civil rights advocates; academicians; and practicing plaintiffs and defense lawyers.
Page 31 - AMA believes that a fault-based system that lowers the barriers to legitimate claims and reduces transaction costs can meet the needs of society. Reforms such as those adopted in the states of California and Indiana tell us that the current system is a good candidate for reform, and that reform can produce dramatic...
Page 96 - Notices of intent to sue, screening panels and affidavits of non-involvement are unnecessary in medical malpractice actions. G. No justification exists for a special rule governing malicious prosecution actions brought by health care providers against persons who sued them for malpractice. H. Trial courts should scrutinize carefully the qualifications of persons presented as experts to assure that only those persons are permitted to testify who, by knowledge, skill, experience, training or education,...
Page 28 - Health, the General Accounting Office (GAO), and the Department of Health and Human Services Task Force on Medical Malpractice and Insurance, just to name a few, concur with the following consensus: The current tort system, without substantial modification or reform, is unable to resolve medical liability claims effectively and efficiently.
Page 64 - Any act or conduct which would constitute grounds for medical misconduct in the stale in which the pfayskn is applying. b. Any disciplinary action taken in another jurisdiction, which would constitute grounds for medical misconduct in the state in which the physician is applying. c. Any PENDING disciplinary investigation or action in another jurisdiction. d. Loss of hospital privileges...
Page 89 - ... civil rights advocates; academicians; and practicing plaintiffs and defense lawyers. In February 1987, the ABA House of delegates considered the Commission's recommendations and adopted the resolution appended to this statement as Appendix C.
Page 96 - ... out of the recovery. ( J. Contingent fees provide access to the courts; and no justification exists for imposing special restrictions on contingent fees in medical malpractice actions . K. The use of structured settlements should be encouraged.

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