Hospitals' behavior in a tort crisis: Observations from Pennsylvania

Health Affairs

Volumn 22, Issue 6, 2003, Pages 225-233

  Mello, Michelle M ^a   Kelly, Carly N ^b   Studdert, David M ^c   Brennan, Troyen A ^d,e   Sage, William M ^f  

^a HARVARD SCHOOL OF PUBLIC HEALTH   (United States)

^b HARVARD LAW SCHOOL   (United States)

^c Department of Health Policy and Management ^*

^d HARVARD MEDICAL SCHOOL   (United States)

^e BRIGHAM AND WOMEN S HOSPITAL   (United States)

^f Columbia Law School in New York City ^*

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; ECONOMICS; FEE; FINANCIAL MANAGEMENT; INSURANCE; INTERVIEW; LEGAL ASPECT; LEGAL LIABILITY; MALPRACTICE; MANPOWER; MEDICAL STAFF; MEDICINE; METHODOLOGY; POLICY; PUBLIC RELATIONS; RISK MANAGEMENT; UNITED STATES;

FEES AND CHARGES; FINANCIAL MANAGEMENT, HOSPITAL; HOSPITAL-PHYSICIAN RELATIONS; INSURANCE, LIABILITY; INTERVIEWS; LIABILITY, LEGAL; MALPRACTICE; MEDICAL STAFF, HOSPITAL; ORGANIZATIONAL POLICY; PENNSYLVANIA; RISK MANAGEMENT; SPECIALTIES, MEDICAL;

EID: 1542644848     PISSN: 02782715     EISSN: 02782715     Source Type: Journal    
DOI: 10.1377/hlthaff.22.6.225     Document Type: Review

References (56)

1. U.S. Department of Health and Human Services, Confronting the New Health Care Crisis: Improving Health Care Quality and Lowering Costs by Fixing Our Medical Liability System, 25 July 2002, aspe.hhs.gov/daltcp/reports/litrefm.htm (30 September 2003);
2. and American Hospital Association, "Medical Liability Crisis Affects Communities' Access to Care," 28 April 2003, www.hospitalconnect.com/aha/ press_room-info/jsp/releasedisplay.jsp?dcrpath=AHA/Press_Release/data/ PR_030428_Liability&domain=AHA (21 August 2003).
3. J.B. Treaster, "Doctors Face a Big Jump in Insurance," New York Times, 22 March 2002.
4. "Medical Liability Rates Continue Their Upward Swing," Medical Liability Monitor (1 October 2001): 1-4;
5. and T. Albert, "AMA Readies for Battle on Tort Reform," amednews.com, 8/15 July 2002, www.ama-assn.org/sci-pubs/amnews/pick_02/prl10708. htm (21 August 2003).
6. Healthcare Services Malpractice Act, H.B. 1802, 186th Leg., Reg. Sess. [Pa. 2002], Public Law 154, no. 13, ch. 5;
7. Fair Share Act, S.B. 1089, 186th Leg., Reg. Sess. (Pa. 2002), P.L. 394, no. 57, sec. 2;
8. and An Act Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, S.B. 138, 186th Leg., Reg. Sess. [Pa. 2002], no. 127, sec. 3.
9. A.J. Gafni and S.I. Schulman, Report of the Governor's Medical Malpractice Liability Insurance Crisis Task Force, 31 March 2003, www.pasenate.com/images/medmaltaskreport.pdf (30 September 2003).
10. Hospital and Healthsystem Association of Pennsylvania, "Pennsylvania Hospitals and Health Systems 2003 Fact Sheet," (Harrisburg: HAP, 21 January 2003);
11. and Pennsylvania Health Care Cost Containment Council, Financial Analysis 2002: An Annual Report on the Financial Health of Pennsylvania's Hospitals, April 2003, www.phc4.org/adobe/Finvol102.pdf (21 August 2003).
12. We plan to describe physicians' responses to liability concerns in a separate report based on data from a mailed survey of several hundred Pennsylvania physicians.
13. B. Glaser and A.L. Strauss, The Discovery of Grounded Theory (Chicago: Aldine, 1967);
14. and M. Mello and C. Jenkinson, "Comparison of Medical and Nursing Attitudes to Resuscitation and Patient Autonomy between a British and an American Teaching Hospital," Social Science and Medicine (February 1998): 415-424.
15. R.R. Bovbjerg and A. Bartow, Understanding Pennsylvania's Medical Malpractice Crisis: Facts about Liability Insurance, the Legal System, and Health Care in Pennsylvania, 2003, medliabilitypa.org/research/report0603/ UnderstandingReport.pdf (21 August 2003);
16. and M.M. Mello et al., "The New Medical Malpractice Crisis," New England Journal of Medicine (5 June 2003): 2281-2284.
17. HAP, "Pennsylvania Hospitals and Health Systems 2003 Fact Sheet."
18. HAP, "Professional Liability Coverage in Pennsylvania: Findings of Statewide Survey" (Harrisburg: HAP, Sep-Oct 2002).
19. Bovbjerg and Bartow, Understanding Pennsylvania's Medical Malpractice Crisis.
20. Bovbjerg and Bartow, Understanding Pennsylvania's Medical Malpractice Crisis Ibid.;
21. Mello et al., "The New Medical Malpractice Crisis";
22. and W.M. Sage, "Understanding the First Medical Malpractice Crisis of the Twenty-first Century," in 2003 Health Law Handbook, ed. A.G. Gosfield (St. Paul, Minn.: West Group, 2003).
23. Bovbjerg and Bartow, Understanding Pennsylvania's Medical Malpractice Crisis.
24. Sage, "Understanding the First Medical Malpractice Crisis."
25. Pennsylvania Health Care Cost Containment Council, "What Is Driving Health Care Cost Increases?" PHC4 FYI, January 2003, www.phc4.org/reports/ FYI/fyil5.htm (21 August 2003).
26. Gafni and Schulman, Report of the Governor's Medical Malpractice Liability Insurance Crisis Task Force.
27. Pennsylvania Health Care Cost Containment Council, "What Is Driving Health Care Cost Increases?"
28. HAP, "Professional Liability Coverage in Pennsylvania."
29. Professional Liability Coverage in Pennsylvania Ibid.
30. Professional Liability Coverage in Pennsylvania Ibid.
31. Professional Liability Coverage in Pennsylvania Ibid.
32. M.W. Tiller et al., Essentials of Risk Financing, vol. 2 (Malvern, Pa.: Insurance Institute of America, 1988).
33. M. Chase, "Captive Insurance May Be Answer to West Virginia's Medical-Malpractice Crisis," Charleston Gazette, 17 January 2003;
34. C. McDonald, "Momentum Building for Medical Malpractice Captives," National Underwriter Property and Casualty-Risk and Benefits Management (9 September 2002): 20;
35. and J.A. Christopherson, "The Captive Medical Insurance Company Alternative," Annals of Health Law 5 (1996): 121-143.
36. C. Guadagnino, "Efforts to Avert Malpractice Meltdown," Physician's News Digest, December 2002, www.physiciansnews.com/cover/1202. html (21 August 2003);
37. and "Healthcare Leads Risk Retention Group Formations in 2002," Risk Retention Reporter (December 2002): 261.
38. Liability Risk Retention Act of 1986, 15 U.S. Code sec. 3901.
39. Pennsylvania Insurance Department, "Schweiker Administration Approves Two New Medical-Malpractice Insurance Entities," 23 December 2002, www.insurance.state.pa.us/html/nr021223.html (21 August 2003);
40. and "Hospital Systems in Western Pennsylvania Form New RRG," Risk Retention Reporter (November 2002): 261.
41. "Tiller et al., Essentials of Risk Financing;
42. HAP, "Many Hospitals, Health Systems Turn to Alternative Risk Financing as Medical Liability Insurance Becomes Cost-Prohibitive, Unavoidable," Health Care Outlook, July 2002, www.haponline.org/downloads/ outlook_july2002.pdf (1 October 2003);
43. and L. Strazewski, "Alternative Market Grows as Rates Harden," RN, 3 March 2003, www.roughnotes.com/rnmagazine/2003/march03/03p38.htm (21 August 2003).
44. Guadagnino, "Efforts to Avert Malpractice Meltdown."
45. J.P. Newhouse, "Reimbursing Health Plans and Health Providers - Efficiency in Production versus Selection," Journal of Economic Literature (September 1996): 1236-1263.
46. See, for example, J. Goldstein, "Philadelphia-Area Hospital Offers Aid to Doctors Hit by Malpractice Premiums," Philadelphia Inquirer, 5 December 2002;
47. J. Davia, "Tennessee-Based HCA Offers Malpractice Insurance to West Virginia Doctors," Charleston Gazette, 27 April 2002;
48. T.S. Cox, "Hospitals Working to Retain Doctors," Charleston Daily Mail, 25 April 2002;
49. and G. Groeller, "Florida Hospital to Arrange Insurance," Orlando Sentinel, 5 November 2002.
50. C.C. Havighurst, J.F. Blumstein, and T.A. Brennan, Health Care Law and Policy: Readings, Notes, and Questions (New York: Foundation Press, 1998);
51. Hanlester Network v. Shalala, 51 F.3d 1390 (9th Cir. 1995); United States v. McClatchey, 217 F.3d 823 (10th Cir. 2000); and United States v. Anderson, Case No. 98-20030-01-07, Tr. at 7342-47 (D. Kan. Mar. 9, 1999).
52. Office of Inspector General, U.S. Department of Health and Human Services, "Malpractice Insurance Assistance" (Letter), 15 January 2003, oig.hhs.gov/fraud/docs/alertsandbulletins/MalpracticeProgram.pdf (21 August 2003).
53. K.C.D. O'Dell, "System a Strain for Doctors Going It Alone," Springfield (MO) News-Leader, 22 December 2002.
54. R.R. Bovbjerg and F.A. Sloan, "No-Fault for Medical Injury: Theory and Evidence," University of Cincinnati Law Review (Fall 1998): 53-123;
55. W.M. Sage, K.E. Hastings, and R.A. Berenson, "Enterprise Liability and Health Care Quality Improvement," American Journal of Law and Medicine 20, nos. 1 and 2 (1994): 1-28;
56. and K.S. Abraham and P.C. Weiler, "Enterprise Medical Liability and the Evolution of the American Health Care System," Harvard Law Review (December 1994): 381-436.