The Practice of Uncertainty: Voices of Physicians and Patients in Medical Malpractice Claims

By Stephen L. Fielding | Go to book overview

encouraged to get on the bandwagon for tort reform in order to stop greedy patients from ripping off the system. Although physicians supported these efforts because of the high premiums that they had to pay, tort reform promoted managed care through the close monitoring of physicians. Thus, to some extent, physicians worked against their own professional interests by supporting tort reform.

The biggest winners in tort reform were the not-for-profit institutional providers and manufacturers who stood to reduce and stabilize their liability costs. More recently, tort reform has not been as successful at the national level as it has been at the state level, but this may be due more to the ideological differences contributing to Washington gridlock rather than the lack of true public support. The parallel between the enactment of workers' compensation at the turn of the century and the malpractice tort reform of today suggests that medicine has indeed become much like any other industry as it attempts to reduce its liability and increase its profits.

In the closing chapter, we will consider the implications of medical malpractice claims for the status of physicians and their policy implications for the legal system, clinical-level social interaction, the health care system, and science and technology.


NOTES
1.
Robert Zussman, Intensive Care: Medical Ethics and the Medical Profession ( Chicago: University of Chicago Press, 1992).
2.
Walter J. Wadlington, "Legal Responses to Patient Injury: A Future Agenda for Research and Reform," Law and Contemporary Problems 54, no. 2 ( 1991): 199-223; W. Kip Viscusi and Patricia Born, "The National Implications of Liability Reforms for General Liability and Medical Malpractice Insurance," Seton Hall Law Review 24 ( 1994): 1743-66.
3.
This would prohibit receiving compensation from more than one source. For example, one could not claim compensation from both health insurance and a court award. Any health insurance payments related to the injury would be deducted from the malpractice award.
4.
Viscusi and Born, "National Implications."
5.
Michael Pferr, "Medical Malpractice Legislation--1985 to 1988," Issues in Focus 89-117 ( Albany, N.Y.: Senate Research Service, 1989), 2.
6.
Joseph M. Jacob, Doctors and Rules: A Sociology of Professional Values ( New York: Routledge, 1989).
7.
David W. Leebron, "Final Moments: Damages for Pain and Suffering Prior to Death," New York University Law Review 64 ( 1990): 306. Leebron found that the pain and suffering portion of 256 civil awards was higher for female claimants because they were seen as more prone to pain and suffering. See also Thomas Koenig and Michael Rustad, "His and Her Tort Reform: Gender Injustice in Disguise," Washington Law Review 70, no. 1 ( 1995): 1-94. Koenig and Rustad

-168-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Practice of Uncertainty: Voices of Physicians and Patients in Medical Malpractice Claims
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Illustrations ix
  • Foreword xi
  • Preface and Acknowledgments xv
  • People Interviewed xvii
  • Notes xxiii
  • 1 - Historical and Social Background 1
  • 2 - Setting the Contemporary Stage 25
  • Notes 43
  • 3 - System Accidents 49
  • Notes 66
  • 4 - Uncertainty -- Which Diagnosis and Treatment? 69
  • Summary 81
  • 5 - We Were Going to Be Society's Heroes 83
  • Summary and Discussion 98
  • 6 - Am I the Same? 103
  • 7 - Gender and Telling the Story 123
  • Summary 144
  • 8 - The Defense of Wealth 147
  • Notes 168
  • 9 - Implications 171
  • Notes 196
  • Appendix - Theory and Method 199
  • Notes 208
  • Bibliography 211
  • Index 225
  • About the Author 231
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 234

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.