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Announcing Remedies for Medical Injury: A Proposal for Medical Liability Reform Based On the Patient Protection and Affordable Care Act

Year: 2013
Type: article
Abstract: patients with medical injuries are compensated in a fair and timely manner, reducing the incidence of frivolous lawsuits, and reducing liability premiums.4 To implement this directive, in June 2010, the Agency for Healthcare Research and Quality (AHRQ, a Sub-Agency of the Department of Health and Human Services) announced $23.2 million in funding for seven demonstration grants to operate through June 2013 and thirteen one-year planning grants.5 AHRQ terminated funding opportunities for both the demonstration grants and planning grants as of March 6, 2012.6 The funding opportunity was terminated because the Agency has no further appropriated funds to support these grants.7 In its place, medical liability reform was addressed in a small but conceptually important part of the recently affirmed PPACA as discussed below.8 Why do both the Executive and Legislative branches of government feel compelled to champion medical liability reform?Viewed from the perspective of the patient, there are three major deficiencies in the way medical injury is currently compensated.First, the current medical malpractice regime leads to degradation of the physician-patient relationship.Second, it is the patient that is directly affected by the practice of defensive medicine, or tests, procedures, and subspecialty consults done to avoid lawsuits.Lastly, inefficiencies in the prevailing medical 4. President Barack Obama, Remarks by the President to a Joint Session of Congress on Health Care (Sept.9, 2009
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W2112101345
FWCI: 14.69
Cites:
Cited by: 5
Related to: 10