Phenomenon on Litigation Involving Health Care Providers

A second extremely relevant finding is that perceptions of the ca dos of increased litigation tends to split, with professional wellness precaution providers and patient advocates identifying one set of reasons and health amends comp whatsoever managers and managed care organization administrators identifying another set of reasons. The study conclusion that was drawn from these two prominent findings is that any consensus on the actions that should be implemented to bring about a firm reduction in the level of litigation is unlikely because advantage-making health insurance companies and managed care organizations are unlikely to agree to any compromise that would impinge on continually increasing profit levels.

1 - INTRODUCTION .................................... 1

Introductory Statement .......................... 1

Statement of the task ........................ 1

Research Questions .............................. 2

Background on the Problem ....................... 4

Signifi undersidece of the domain ....................... 20

Overview of the Study ........................... 20

2 - REVIEW OF LITERATURE ............................ 21

Introduction .................................... 21

Managed guard .................................... 21

Clinical Ethics .................................

The impersonal of the consensus statement must be defined clearly. While this cash in one's chips has important deductions for the development of improved treatment therapies, the legal implication is also clear. No one yet knows all of the answers. The clinician can exercise her or his judgment with regard to a precise patient with a specific set of clinical characteristics, and radiation pattern guidelines are intended to aid the clinician in providing safe and effectual therapy. Within this context, practice guidelines attempt to provide indicators of optimal standards of care for the "protection of the practitioner from committing malpractice, thus performing a de jure beneficial role for the benefit of patient and practitioner identical" (McIntyre, 1995, p. 5025).

Medical practice guidelines, however, frequently are developed through with(predicate) consensus conventions of medical professionals. A principle legal function of the consensus throng return is to reflect the "standard of care" in a particular area (McIntyre, 1995, p. 5025). This purpose is particularly true when the conference product is intended to codify practice guidelines. While this product whitethorn reflect the standard of care in normative terms, application of that standard to a specific set of circumstances, as in the court room in the course of malpractice litigation, may be difficult since a number of other determinants set down into the equation, not the least of which being the relative persuasiveness of the fence expert witnesses. The primary value of practice guidelines is not their use in litigation, however, but their use in practice the design to which guidelines "effectively elevate the quality of care is the measure of triumph" (McIntyre, 1995, p. 5025).

Researchers, professional societies, health care institutions, and public agencies have taken the lead in developing practice guidelines. Two major factors have played a role in this development. First, the line of continually escalating he
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