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Following 2003, medical malpractice insurance rates were reduced in Texas. [ 43 ] [ 45 ] However, the Center for Justice & Democracy at New York Law School reports that rate reductions are likely attributable not to tort laws, but because of broader trends, such as "political pressure, the size of prior rate hikes, and the impact of the ...
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]
Perhaps future decisional law following this Supreme Court ruling might inform future laws to ensure that patients not simply "have" legal rights under ERISA to challenge Managed Care Utilization review decisions, but to put the burden on the Managed Care entities themselves to make sure patients are aware of them and have the opportunity to ...
The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Like other state codes in the United States, its legal interpretation is subject to the U.S. Constitution , the U.S. Code , the Code of Federal Regulations , and the state's constitution .
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Governing, licensing, and law enforcement bodies are often at the sub-national (e.g. state or province) level, but national guidelines and regulations also often exist. For example, in the United States, the National Highway Traffic Safety Administration in the Department of Transportation has a national scope of practice for emergency medical ...
Texas law included remedies against retaliation for whistleblowers, but no known U.S. state had whistleblower laws that addressed appropriate prosecutorial conduct. 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."
Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions. [6] In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of patient advocates. [7]
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