التفاصيل البيبلوغرافية
| العنوان: |
VARIABILITY IN MEDICAL MALPRACTICE PAYMENTS: IS THE COMPENSATION FAIR?. |
| المؤلفون: |
Sloan, Frank A., Iisieh, Chee Riley |
| المصدر: |
Law & Society Review. Oct1990, Vol. 24 Issue 4, p997-1039. 43p. |
| مصطلحات موضوعية: |
*PAYMENT, *MEDICAL malpractice, *ACTIONS & defenses (Law), *LEGAL judgments, *TORTS, *WAGES |
| مستخلص: |
This study uses a framework in which disputants' litigation decisions are based on optimizing expected returns and minimizing losses to analyze outcomes of medical malpractice disputes-the probability of payment, stage of resolution, and amounts paid, based on closed medical malpractice claims from Florida and jury verdict reporter abstracts from five jurisdictions. Using judgments of an expert panel and other indicators, the analysis reveals that cases are more likely to result in paid claims when the defendant appears to be liable. By contrast, cases brought to satisfy a claimant motive of vindication are less likely to result in payment; such cases have a higher probability of being tried. Claimants with more serious injuries tend to receive higher payments. Payment appears equitable vertically, but there is appreciable variability in payment for similar injuries which may reflect horizontal inequities. [ABSTRACT FROM AUTHOR] |
| قاعدة البيانات: |
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