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The researchers, led by Daniel A. Waxman, examined 3.8 million Medicare patient records from hospital emergency departments from 1997 to 2011, comparing care in three states that enacted strict malpractice reform laws about a decade earlier (Georgia, Texas and South Carolina) to care in neighboring states that did not enact such laws.
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]
Clinical peer review, also known as medical peer review is the process by which health care professionals, including those in nursing and pharmacy, evaluate each other's clinical performance. [1] [2] A discipline-specific process may be referenced accordingly (e.g., physician peer review, nursing peer review).
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Health courts are proposed specialized courts for handling medical malpractice claims. They are characterized by the use of specially trained adjudicators, independent expert witnesses, and predictable damage awards.
TNA said that state laws, including the Texas Nursing Practice Act and the Public Employee Whistleblower Law, gave any health care provider the right to report concerns about the patient care of other providers. Under these protections, a termination could be presumed improper if it occurred within 60 days of filing such a complaint.
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