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“Health Courts” and Accountability for Patient Safety
Author(s) -
MELLO MICHELLE M.,
STUDDERT DAVID M.,
KACHALIA ALLEN B.,
BRENNAN TROYEN A.
Publication year - 2006
Publication title -
the milbank quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.563
H-Index - 101
eISSN - 1468-0009
pISSN - 0887-378X
DOI - 10.1111/j.1468-0009.2006.00455.x
Subject(s) - compensation (psychology) , transparency (behavior) , medical malpractice , malpractice , accountability , tort , discipline , business , patient safety , healthcare system , tort reform , public relations , medicine , medical emergency , health care , political science , law , psychology , accounting , liability , psychoanalysis
Proposals that medical malpractice claims be removed from the tort system and processed in an alternative system, known as administrative compensation or ‘health courts,’ attract considerable policy interest during malpractice ‘crises,’ including the current one. This article describes current proposals for the design of a health court system and the system's advantages for improving patient safety. Among these advantages are the cultivation of a culture of transparency regarding medical errors and the creation of mechanisms to gather and analyze data on medical injuries. The article discusses the experiences of foreign countries with administrative compensation systems for medical injury, including their use of claims data for research on patient safety; choices regarding the compensation system's relationship to physician disciplinary processes; and the proposed system's possible limitations.