Medical liability

Critics have long complained about the ineffectiveness of medical liability law both as a means of reducing the risks of injuries and as a system of compensation for injuries. So far, none of these critiques has led policy makers to jettison our fault-based medical liability system and to replace it with some type of no-fault system as proposed by some scholars. Thus some form of medical liability is going to be a feature of the social and regulatory... 

Policy makers, practitioners, and scholars from a variety of disciplines have recently embraced a new approach to risk reduction in health care—a "systems approach"—without proposing any specific reforms of medical liability law. The Institute of Medicine (IOM) placed its imprimatur on this approach in its recent reports (Kohn et al., 2000 IOM, 2001). In its simplest form, a systems approach to risk reduction in health care posits that an injury to a patient is often the manifestation of a latent error in the system of providing care. In other words, a medical mishap is the proverbial "accident waiting to happen" because the injury-preventing tools currently deployed, including medical liability law, are aimed at finding the individuals at fault rather than the systemic causes of error. Coexistence of a systems approach to error reduction and medical liability law as a conceptual framework for policy makers implies that the latter is likely to evolve in an incremental fashion as the former makes more visible different aspects of the medical error problem. 

The prototypical form of error in the health care system that could be reduced by a systems approach is medication error. The kind of error identified in the literature—overdose of chemotherapy, injection of the wrong drug, etc.—sometimes leads to either injury or death, the kinds of harm that are the central concern of after-the-fact medical liability adjudication. Phar-macogenomics introduces not only another conception of harm—genetic risks—but also new ways of developing and prescribing drugs. 

At first blush, the increased risk of harm suit against a drug manufacturer on a negligence theory that pharmacogenomics could have been used to determine the increased risks to a portion of the population appears to be a logical extension of the doctrinal shifts in liability law signaled by Moore. The likelihood of success of this particular lawsuit is in fact small because of the nature of existing medical liability doctrine in Pennsylvania. 

Physician Insurers Association of America, Statistical data from the PIAA cumulative data sharing report, January 1, 1985-December 31, 1999, as reported in Reporter, Texas Medical Liability Trust, 1-8, September/October 1999. 

Clinton, H.R. and Obama, B. (2006) Making patient safety the centerpiece of medical liability reform. The New England Journal of Medicine, 354(21), 2205-2208. 

Medical liability insurance may be a requirement for the research reactor facility. 

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