Medical Malpractice

  • Read more: President Trump’s Tort Reform

    President Trump’s Tort Reform

    By Alex Stein President Trump’s budget for Fiscal Year 2018 proposes a thoroughgoing reform of our medical malpractice system [Executive Office of the President of the United States, Major Savings and Reforms, Budget of the U.S. Government, Fiscal Year 2018, at 114 (2017) (hereinafter, the “Budget”)]. The reform’s stated goals are “[to] reduce defensive medicine ……

  • Read more: Patient Safety in the NHS: The Culture Change Agents

    Patient Safety in the NHS: The Culture Change Agents

    By John Tingle and Jen Minford  It is important to take a broad holistic approach when looking at patient safety policy development and practice in the NHS. There cannot be a one size fits all approach and a number of possibly quite disparate organisations and stakeholders in the NHS and beyond must be consulted and…

  • Read more: Reflection and Review at The National Health Service Litigation Authority (NHS LA)

    Reflection and Review at The National Health Service Litigation Authority (NHS LA)

    By John Tingle The NHS LA is a pivotal organisations in the NHS whose work has a daily impact on the lives of patients and on all those who work in the health service. The NHS LA  have recently published its new five year strategy which reveals some very interesting and informative data, trends, insights…

  • Read more: The Economics of Patient Safety: Adopting a Value-based Approach

    The Economics of Patient Safety: Adopting a Value-based Approach

    By John Tingle The OECD (Organisation for Economic Co-operation and Development) have recently published a report on the economics of patient safety.The report is in two main sections, section 1, the cost of failure and section 2, reducing harm effectively and efficiently. Section 1 focuses on a review of the literature in the area. The reports…

  • Read more: Reforming the approach to clinical negligence in the National Health Service (NHS)

    Reforming the approach to clinical negligence in the National Health Service (NHS)

    By John Tingle The Department of Health in England  have just published a consultation paper on the Governments proposal to introduce a Rapid Resolution and Redress Scheme (RRR) – a voluntary administrative compensation scheme for families affected by severe avoidable birth injury. Action against Medical Accidents (AvMA) the UK charity for patient safety and justice…

  • Read more: The National Health Service (NHS) in England is standing on a burning platform?

    The National Health Service (NHS) in England is standing on a burning platform?

    By John Tingle In the introduction to a new report on the state of acute hospitals in the NHS in England, the Chief Inspector of Hospitals, Professor Sir Mike Richards of the Care Quality Commission (CQC) controversially states: “The NHS stands on a burning platform — the model of acute care that worked well when…

  • Read more: NHS patient care and treatment errors: developing a learning culture.

    NHS patient care and treatment errors: developing a learning culture.

    By John Tingle PACAC, the House of Commons, (Public Administration and Constitutional Affairs Committee) has just published its analysis of the PHSO’s, (Parliamentary and Health Service Ombudsman ) second report into the tragic death of Sam Morrish, a three year old child whose death from sepsis was found to have been avoidable. PACAC  is composed…

  • Read more: The High Cost of Clinical Negligence Claims

    The High Cost of Clinical Negligence Claims

    By John Tingle In the UK, the Department of Health (DH) have just published a consultation paper on introducing fixed recoverable costs in lower value clinical negligence claims. The document contains some controversial proposals which many claimant, patient lawyers are very concerned about. They feel the proposals will make it much harder for patients with…

  • Read more: Tort Law: Public and Private

    Tort Law: Public and Private

    By Alex Stein Readers interested in medical malpractice might be interested in seeing—and commenting on—my new article, The Domain of Torts, forthcoming in 117 Colum. L. Rev. (2017). This Article advances a novel positive theory of the law of torts that grows out of a careful and extensive reading of the case law. The Article’s core…

  • Read more: Trap for the Unwary Works Again: Federal Healthcare and the Limitations Provision of the Federal Tort Claims Act

    Trap for the Unwary Works Again: Federal Healthcare and the Limitations Provision of the Federal Tort Claims Act

    By Alex Stein The same story involving a federally qualified health center (FQHC) repeats itself again, again, and now again: see Phillips v. Generations Family Health Center, — Fed.Appx. —- (2016), 2016 WL 5340278 (2d Cir. 2016). A patient from Connecticut receives medical treatment from a physician who works at a Connecticut-based facility known as Generations…