Health Care TortsSpring 204 PPT课件.pptVIP

Health Care TortsSpring 2004 Edward P. Richards Harvey A. Peltier Professor of Law Paul M. Hebert Law Center Louisiana State University Baton Rouge, LA 70803-1000 richards@ 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 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 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 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 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 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 Acts as a general claims resolution system for routine claims 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 Generates high transaction costs that support the bar and politicians and entrench the system Is Tort Law a Good Thing in Health Care? Pros Informed consent Helped highlight problems of managed care Can target unethical or incompetent behavior Cons Vaccine law Contraceptive liability Medical malpractice insurance