Clinics in perinatology
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In the debate over medical malpractice reform, the dimension of fairness often is invoked but is poorly understood. This article describes the factors that promote fairness in public policy and then examines whether proposed or enacted tort reforms would be fair. It finds that many of the reforms that are being promoted by perinatologists would be unfair; however, some reforms, including one broad-ranging proposal that was put forward by the Institute of Medicine, could satisfy fairness criteria depending on how they were implemented.
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Clinics in perinatology · Mar 2005
A defense attorney's perspective on medical negligence litigation.
Being named as a defendant in a lawsuit is an unnerving development. Proceeding through the discovery stage of a case can be a daunting prospect. ⋯ In this day and age, many physicians, including extremely well qualified specialists, often must deal with these realities. To cope best with these events, this article is an attempt to summarize certain legal principles that are relevant to these cases and to emphasize the practical realities that are attendant to medical negligence litigation.