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Law of Risk Management

Assignment 1
Position Paper on Recoverable Damages in Medical Malpractice Cases.One of the major topics we have been exploring in this module is medical malpractice insurance financing. Your position paper will be focused on the issues associated with the recovering of damages in medical malpractice litigation. You are to choose a carefully focused issue concerning the damages recoverable in medical malpractice cases and write a concise 150-300 word position paper. You will have already discussed the issue of no-fault insurance from this Module’s Discussion Assignment. This Position Paper requirement will concern other issues associated with recoverable medical malpractice damages.I encourage you to consider adopting ONE STAKEHOLDER’S perspective in this position paper assignment (i.e. consumer/patient, clinician, facility, health insurance company, setting of care, managed care organization, etc.) Remember to cite sources/resources in support of your position.I will help to focus your topics by listing some suggested ones below:
• Issues associated with Joint and several liability
• Maximum limits on all damages under state law (total damage caps)
• Limits on non-economic damages.
• Mandatory binding arbitration on damages• Limitations based on professional corporations and not personal liability irrespective of business form
• Issues associated with the collateral source rule• Recent Florida court rulings impacting damage recovery (Fl Sup Ct McCall 2014)
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Assignment 2
Law of Risk Management 2014Module 3 Hypothetical problem and Class Discussion Assignment. The focus of this module’s discussion board is on financing risk management activities. The specific topics to be discussed include whether medical malpractice insurance is required for physician and hospital licensure, and if required, in what amounts. The second question examines the issue of financing “high-risk” medical activities with no-fault compensation programs. The question of whether no-fault should replace the tort system was the impetus for the famous Harvard Medical Practice Study conducted in New York state. (Patients, Doctors, and Lawyers: Medical Injury, Malpractice Litigation, and Patient Compensation in New York, Harvard College, 1990.) Read the General Accounting Administration’s (GAO) article entitled, “Medical Liability: Impact on Hospital and Physician Costs Extends Beyond Insurance” in the Supplemental Readings section in Module 3. This 1995 government study examined the issue of the total costs of medical liability. In particular, examine Figures 1 and 2 that demonstrate the wide differences in the malpractice insurance premiums paid by physicians and hospitals in the 50 states.Your assignment is to examine the laws in your state of residence that establish the financial responsibility, i.e. malpractice insurance, law requirements to become licensed as a physician. Find out whether or not insurance is required by law for physician licensure and in what coverage amounts. Also, determine the requirements for malpractice insurance, if any, required to be licensed as a hospital in your state.Post the specific statutory citations and summarize them for your state on the class discussion board. Extra effort, and credit, in this exercise will consist of identifying the top three malpractice insurers in your state for physicians and hospitals (top three market share is based on numbers of insureds and the total premium dollars generated.) The second part of the class discussion for Module 3 requires you to read the article, “Compensation for Birth-related Injury” from the Archives of Pediatric and Adolescent Medicine, 1999. In particular, focus in on the compensation model presented here from Florida. The article provides somebackground and history on the Virginia and Florida no-fault compensation program specifically focused on neurologically injured infants.Your assignment is to take a position on whether the no-fault compensation model should be extended only to other high-risk medical areas, or to all medical malpractice litigation. NOTE: You will have an additional Position Paper assignment on another topic related to medical malpractice insurance. If you support the extension of no-fault to other high-risk medical activities, such as the emergency room, provide a concise opinion why you have chosen the particular medical area. I would strongly recommend that you look at the legislative findings that preface the Florida NICA act to provide you with some insight into what kind of “findings” a legislature makes when they enact this kind of compensation system. (F.S. 766.301-316) If you support the alternative position, no-fault compensation should replace the entire current malpractice litigation system, provide a concise rationale for your position