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According to the Texas Nurses Association, "No one ever imagined that a nurse would be criminally prosecuted for reporting a patient care concern to a licensing agency." [1] After the Mitchell case, protection from prosecution was incorporated into Texas whistleblower laws. The TMB stopped investigating anonymous complaints about physicians in ...
In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Various studies have shown that the Texas tort-reform law has had no effect on healthcare costs or the number of physicians practicing in the state. [44] A February 2014 study found "no evidence to support" the claim that "there had been a dramatic increase in physicians moving to Texas due to the improved liability climate."
Tort reform is also proposed as one solution to rapidly increasing health care costs in the United States. In a study published in 2005 in the Journal of the American Medical Association, 93% of physicians surveyed reported practicing defensive medicine, or "[altering] clinical behavior because of the threat of malpractice liability."
Several medical malpractice attorneys, such as Harvey Waschman in his text American Law of Medical Malpractice, asserted that most "malpractice lawsuits involve the type of slip-up that would be obvious to a first year medical student." The fact that only a very small number of lawsuits win on their merits (even when they are filed) suggested ...
The two were consolidated by Section 6403 of the Affordable Care Act of 2010, Public Law 111–148. In enacting, the National Practitioner Data Bank-enabling legislation, the Health Care Quality Improvement Act of 1986, Congress intended for physicians to receive "full due process rights with notice and representation".
A Nebraska law that combined abortion restrictions with another measure to limit gender-affirming health care for minors does not violate a state constitutional amendment requiring bills to stick ...
Medicine is a regulated profession in the United States because of the potential harm to the public if an incompetent or impaired physician is licensed to practice. To protect the public from the unprofessional, improper, unlawful, fraudulent and/or incompetent practice of medicine, each of the 50 states, the District of Columbia and the U.S ...
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