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Administrative compensation of medical injuries: a hardy perennial blooms again.
J Health Polit Policy Law. 2008 Aug; 33(4):725-60.JH

Abstract

Periods in which the costs of personal injury litigation and liability insurance have risen dramatically have often provoked calls for reform of the tort system, and medical malpractice is no exception. One proposal for fundamental reform made during several of these volatile periods has been to relocate personal injury disputes from the tort system to an alternative, administrative forum. In the medical injury realm, a leading incarnation of such proposals in recent years has been the idea of establishing specialized administrative "health courts." Despite considerable stakeholder and policy-maker interest, administrative compensation proposals have tended to struggle for broad political acceptance. In this article, we consider the historical experience of administrative medical injury compensation proposals, particularly in light of comparative examples in the context of workplace injuries, automobile injuries, and vaccine injuries. We conclude by examining conditions that may facilitate or impede progress toward establishing demonstration projects of health courts.

Authors+Show Affiliations

Common Good.No affiliation info availableNo affiliation info availableNo affiliation info available

Pub Type(s)

Historical Article
Journal Article
Research Support, Non-U.S. Gov't

Language

eng

PubMed ID

18617673

Citation

Barringer, Paul J., et al. "Administrative Compensation of Medical Injuries: a Hardy Perennial Blooms Again." Journal of Health Politics, Policy and Law, vol. 33, no. 4, 2008, pp. 725-60.
Barringer PJ, Studdert DM, Kachalia AB, et al. Administrative compensation of medical injuries: a hardy perennial blooms again. J Health Polit Policy Law. 2008;33(4):725-60.
Barringer, P. J., Studdert, D. M., Kachalia, A. B., & Mello, M. M. (2008). Administrative compensation of medical injuries: a hardy perennial blooms again. Journal of Health Politics, Policy and Law, 33(4), 725-60. https://doi.org/10.1215/03616878-2008-014
Barringer PJ, et al. Administrative Compensation of Medical Injuries: a Hardy Perennial Blooms Again. J Health Polit Policy Law. 2008;33(4):725-60. PubMed PMID: 18617673.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - Administrative compensation of medical injuries: a hardy perennial blooms again. AU - Barringer,Paul J, AU - Studdert,David M, AU - Kachalia,Allen B, AU - Mello,Michelle M, PY - 2008/7/12/pubmed PY - 2008/11/14/medline PY - 2008/7/12/entrez SP - 725 EP - 60 JF - Journal of health politics, policy and law JO - J Health Polit Policy Law VL - 33 IS - 4 N2 - Periods in which the costs of personal injury litigation and liability insurance have risen dramatically have often provoked calls for reform of the tort system, and medical malpractice is no exception. One proposal for fundamental reform made during several of these volatile periods has been to relocate personal injury disputes from the tort system to an alternative, administrative forum. In the medical injury realm, a leading incarnation of such proposals in recent years has been the idea of establishing specialized administrative "health courts." Despite considerable stakeholder and policy-maker interest, administrative compensation proposals have tended to struggle for broad political acceptance. In this article, we consider the historical experience of administrative medical injury compensation proposals, particularly in light of comparative examples in the context of workplace injuries, automobile injuries, and vaccine injuries. We conclude by examining conditions that may facilitate or impede progress toward establishing demonstration projects of health courts. SN - 0361-6878 UR - https://www.unboundmedicine.com/medline/citation/18617673/Administrative_compensation_of_medical_injuries:_a_hardy_perennial_blooms_again_ L2 - https://read.dukeupress.edu/jhppl/article-lookup/doi/10.1215/03616878-2008-014 DB - PRIME DP - Unbound Medicine ER -