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Towards a More Reliable System of Medical Justice: Opportunities, Challenges & Lessons LearnedNovember 18, 2008
Location: Washington, DC Common Good and the Robert Wood Johnson Foundation hosted their fifth in a series of national forums to discuss the evolving health court proposal and alternatives to the medical liability system. The event provided an overview of the history of the health court proposal, including where it has met challenges and achieved success. Additionally, stakeholders considered prospects for the future of patient-safety focused alternatives to the medical liability system. Speakers and respondents included academics and representatives from consumer groups and health care quality and provider organizations.
The event opened with economic analyst Paul Hinton of NERA discussing the full impact of medical liability, defensive medicine and medical errors on health care costs. Although existing initiatives such as pay-for-performance and value-based medicine can decrease costs, Hinton explained how legal reforms are required to spur substantial health care savings and create better quality of care. Harvard Medical School professor Allen Kachalia, MD then presented recent research on the evolving health court proposal, specifically addressing operational costs and prospects for the future. Dr. Kachalia explained the success of international administrative systems and how the US can use these models to design a unique and cost-effective system of medical justice. Former Common Good General Counsel Paul Barringer reviewed the history of and lessons learned from health courts, administrative compensation, and alternative liability reform proposals.
In the second half of the program, a lively point-counterpoint discussion between Edward Dauer of the University of Denver and John Vail of the Center for Constitutional Litigation addressed contractual approaches to medical injury dispute resolution. Finally, a panel of experts presented evolving models of voluntary approaches to injury compensation and dispute resolution. Each panelist’s unique perspective provided insight into the failings of the current medical liability system and the potential for reform.
Click here for a copy of the agenda and event flyer.
Speakers:
Paul Hinton, Vice President, NERA Economic Consulting
Allen Kachalia, MD, Assistant Professor, Brigham and Women's Hospital and Harvard
Medical School
»click here to view Allen Kachalia's presentation
Paul Barringer, Vice President for Government and Regulatory Affairs, Ovations
»click here to view Paul Barringer's presentation
Contractual Approaches to Resolving Medical Liability Disputes: Point & Counterpoint:
Edward Dauer, Dean Emeritus and Professor of Law, University of Denver Sturm College
of Law
John Vail, Vice President and Senior Counsel, Center for Constitutional Litigation
Jim Wootton, Moderator, NationsCourt
Panel Discussion: Voluntary Approaches to Injury Compensation and Dispute Resolution: Evolving Models:
David Kendall, Senior Fellow for Health Policy, Progressive Policy Institute
Dennis Ellis, Executive Director, Wyoming Medical Society
Ted Clarke, MD, Chairman and CEO, COPIC
Randy Pate, U.S. Department of Health and Human Services
Eugene Rosov, President, Obstetricians and Gynecologists Risk Retention Group of
America (OGRRGA)
Paul Barringer, Moderator, Vice President for Government and Regulatory Affairs,
Ovations
Click here for the full speaker biographies.
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