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Medical Malpractice and Medical Error Disclosure: Balancing Facts and Fears

This policy brief addresses the issues raised by the convergence of medical error reporting and the fear of medical malpractice litigation. It discusses how states protect data with the intention of increasing the compliance level of reporting, examines a sample state protection statute, and explores recent proposals for alternatives that would address the reluctance of many providers to report for fear of possible malpractice litigation.   Contents  Introduction.  Possible Connections Between Mandatory Reporting and Malpractice Litigation.  State Strategies to Protect Data and Increase Reporting.  Including Comprehensive Protection of Data as an Integral part of the System-Authorizing Statutes.  Tort Reform.  Conclusion.  Appendix A: Selected State Tort Reform Measures.  Appendix B: Recent State Malpractice Legislative Activity re: Tort Reform (1999-2003)
Mimi Marchev
December 2003
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balancing_facts_fears.pdf239.21 KB