Health Care TortsSpring PPT课件36页PPT
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Acts as a general claims resolution system for routine claims
6
Political Role of Tort Law
Bread and Circuses Lottery Justice Creates the illusion of justice through anecdotal compensation and deterrence Defuses political action that would increase individual justice
5
Legal Role of Tort Law
Interstitial Compensation Provides a compensation system for rare or unanticipated injuries Provides a background deterrence system for evolving societal problems
Training Equipment Staff
19
Hospital-Based Medicine
Started With Surgery Medical Laboratories
Charitable Immunity Really want to sue a nun?
Borrowed Servant Doctrine Seen as protective, but really allowed suit against the only solvent, reachable party Capitan of the Ship variant
Public Health
17
Modern Medicine and Surgery
Surgery Starts to Work in the 1880s Surgery Can Be Precise - Anesthesia Patients Do Not Get Infected - Antisepsis
No legal relationship with the physicians
16
Beginnings of the Modern Era
1850 - Report of the Sanitary Commission Of Massachusetts
1860-1880s - Louis Pasteur - Scientific Method, Simple Germ Theory, Vaccination For Rabies, Pasteurization
material If you are not in class when I call on you, you are
responsible for group assignment due the next day you are in class, whether it is your group or the next If you do not prepare, I reserve the right to reduce your final grade by up to a letter
Early 16th Century - Paracelsus -Transition From Alchemy
Mid 16th Century - Andreas Vesalius - Accurate Anatomy Early 17th Century - William Harvey - Blood Circulation 1800 - Edward Jenner - Smallpox 1846 - William Morton - Ether Anesthesia 1849 - Semmelweis - Childbed Fever - Controlled Studies 1854 - John Snow - Proved Cholera Is Waterborne
Health Care TortsSpring 2019
Edward P. Richards Harvey A. Peltier Professor of Law
Paul M. Hebert Law Center Louisiana State University Baton Rouge, LA 70803-1000
Course Organization
Most of the classes will involve discussion of cases and other materials No book - everything will be on the WWW or handed out Limited PowerPoint
3
Purpose of the Course
Law Learn basics of health care tort law in the US Learn the special issues of LA health care tort law
Risk Management Discuss how to counsel clients to reduce liability
Public Policy 4
Why Study Health Care Torts?
Medicine is in flux There is no societal consensus on acute medical
care or on prevention Health care finance is a mess Health care is seen as too expensive Ripe ground for tort law Difficult policy problems
Naturopaths, Chiropractors, Osteopaths, and Several Other Schools
13
Legal Consequences
No Testimony Across Schools of Practice Different from Medical Specialties
Some cutting and sewing of wounds Some drugs - opium, digitalis On balance, you were better off without medical care
10
Pre-Modern Era Science Leads Practice
11
The Profession - Through the 1870s
Most Medical Schools are Diploma Mills No Bar to Entry to Profession
Small Number of Urban Physicians are Rich Most Physicians are Poor Cannot Make Capital Investments Training Medical Equipment and Staff Physicians Push for State Regulation
14
Pre-Modern Hospitals
L'Hotel-Dieu - Paris Myth dates it from medieval times Nursing, no medical care The Church did not believe in medicine
US Hospitals Run by Nuns Just lodging and nursing
Interferes with quality assurance
8
History of Medicine Why bother?
Cavemen to the Civil War
Rich literature Lots of theories of medicine Lots of treatments Only a few things worked at all
Helped highlight problems of managed care
Can target unethical or incompetent behavior
Cons
Vaccine law
Contraceptive liability
Medical malpractice insurance issues
Generates high transaction costs that support the bar and politicians and entrench the system
7
Is Tort Law a Good Thing in Health Care?
Pros
Informed consent
Surgery, Internal Medicine, Pediatrics All Same School of Practice - Allopathy All Same License Cross-Specialty Testimony Allowed Still important with the rise of alternative/quack medicine Locality rule - no national standards
2
Discussion Groups
You will be assigned to one of four groups Your group will be responsible for the materials assigned
for a given day If we do not finish, you carry over until we finish the
Professionalism Starts to Matter What is a Quack if Nothing Works? Why Train if Training Does Not Matter?
18
Licensing and Education
Effective Medicine Drives Licensing Licensing Limits Competition Physicians Start to Make Money Money allows investment in capital stock
1867-1880 - Joseph Lister - Antisepsis (Listerine)
1880s - Koch - Modern Germ Theory
Organic Chemistry – 1880s - drugs
1860s - 1900s - Sanitation Movement - Modern
12
Schools of Practice
Allopathy Opposite Actions Toxic and Nasty
Homeopathy Same Action as the Disease Symptoms Tiny Doses Less Dangerous
6
Political Role of Tort Law
Bread and Circuses Lottery Justice Creates the illusion of justice through anecdotal compensation and deterrence Defuses political action that would increase individual justice
5
Legal Role of Tort Law
Interstitial Compensation Provides a compensation system for rare or unanticipated injuries Provides a background deterrence system for evolving societal problems
Training Equipment Staff
19
Hospital-Based Medicine
Started With Surgery Medical Laboratories
Charitable Immunity Really want to sue a nun?
Borrowed Servant Doctrine Seen as protective, but really allowed suit against the only solvent, reachable party Capitan of the Ship variant
Public Health
17
Modern Medicine and Surgery
Surgery Starts to Work in the 1880s Surgery Can Be Precise - Anesthesia Patients Do Not Get Infected - Antisepsis
No legal relationship with the physicians
16
Beginnings of the Modern Era
1850 - Report of the Sanitary Commission Of Massachusetts
1860-1880s - Louis Pasteur - Scientific Method, Simple Germ Theory, Vaccination For Rabies, Pasteurization
material If you are not in class when I call on you, you are
responsible for group assignment due the next day you are in class, whether it is your group or the next If you do not prepare, I reserve the right to reduce your final grade by up to a letter
Early 16th Century - Paracelsus -Transition From Alchemy
Mid 16th Century - Andreas Vesalius - Accurate Anatomy Early 17th Century - William Harvey - Blood Circulation 1800 - Edward Jenner - Smallpox 1846 - William Morton - Ether Anesthesia 1849 - Semmelweis - Childbed Fever - Controlled Studies 1854 - John Snow - Proved Cholera Is Waterborne
Health Care TortsSpring 2019
Edward P. Richards Harvey A. Peltier Professor of Law
Paul M. Hebert Law Center Louisiana State University Baton Rouge, LA 70803-1000
Course Organization
Most of the classes will involve discussion of cases and other materials No book - everything will be on the WWW or handed out Limited PowerPoint
3
Purpose of the Course
Law Learn basics of health care tort law in the US Learn the special issues of LA health care tort law
Risk Management Discuss how to counsel clients to reduce liability
Public Policy 4
Why Study Health Care Torts?
Medicine is in flux There is no societal consensus on acute medical
care or on prevention Health care finance is a mess Health care is seen as too expensive Ripe ground for tort law Difficult policy problems
Naturopaths, Chiropractors, Osteopaths, and Several Other Schools
13
Legal Consequences
No Testimony Across Schools of Practice Different from Medical Specialties
Some cutting and sewing of wounds Some drugs - opium, digitalis On balance, you were better off without medical care
10
Pre-Modern Era Science Leads Practice
11
The Profession - Through the 1870s
Most Medical Schools are Diploma Mills No Bar to Entry to Profession
Small Number of Urban Physicians are Rich Most Physicians are Poor Cannot Make Capital Investments Training Medical Equipment and Staff Physicians Push for State Regulation
14
Pre-Modern Hospitals
L'Hotel-Dieu - Paris Myth dates it from medieval times Nursing, no medical care The Church did not believe in medicine
US Hospitals Run by Nuns Just lodging and nursing
Interferes with quality assurance
8
History of Medicine Why bother?
Cavemen to the Civil War
Rich literature Lots of theories of medicine Lots of treatments Only a few things worked at all
Helped highlight problems of managed care
Can target unethical or incompetent behavior
Cons
Vaccine law
Contraceptive liability
Medical malpractice insurance issues
Generates high transaction costs that support the bar and politicians and entrench the system
7
Is Tort Law a Good Thing in Health Care?
Pros
Informed consent
Surgery, Internal Medicine, Pediatrics All Same School of Practice - Allopathy All Same License Cross-Specialty Testimony Allowed Still important with the rise of alternative/quack medicine Locality rule - no national standards
2
Discussion Groups
You will be assigned to one of four groups Your group will be responsible for the materials assigned
for a given day If we do not finish, you carry over until we finish the
Professionalism Starts to Matter What is a Quack if Nothing Works? Why Train if Training Does Not Matter?
18
Licensing and Education
Effective Medicine Drives Licensing Licensing Limits Competition Physicians Start to Make Money Money allows investment in capital stock
1867-1880 - Joseph Lister - Antisepsis (Listerine)
1880s - Koch - Modern Germ Theory
Organic Chemistry – 1880s - drugs
1860s - 1900s - Sanitation Movement - Modern
12
Schools of Practice
Allopathy Opposite Actions Toxic and Nasty
Homeopathy Same Action as the Disease Symptoms Tiny Doses Less Dangerous