REPORT
Some argue that the confidentiality of the civil justice system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm. A balanced approach to increasing transparency can improve the system, raise public confidence, and protect litigants' privacy.
RESEARCH BRIEF
This research brief provides an overview of a collection of essays, a collaborative project by the UCLA-RAND Center for Law and Public Policy, examining the trade-offs between transparency and confidentiality in the civil justice system.
NEWS RELEASE
The quest for greater transparency in the American civil justice system is the topic of a new book of essays illustrating how a balanced approach to increasing transparency can improve the civil justice system, raise public confidence and protect litigants' privacy.
PROJECT
The RAND Institute for Civil Justice (ICJ) conducts research on all aspects of civil justice, from trends in litigation and jury verdicts to punitive damages, compensation systems, and alternative dispute resolution. Directly or indirectly, civil justice issues have an impact on us all.
RESEARCH BRIEF
The most comprehensive analysis of the risk of malpractice claims by physician specialty in more than two decades finds that U.S. physicians have a greater than 75% career-long risk of facing litigation. In some specialties, doctors can be virtually certain of a lawsuit over the course of their careers. However, the vast majority of those claims will not result in payment to a plaintiff.
REPORT
Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.
RESEARCH BRIEF
People with asbestos injuries are increasingly receiving compensation from trusts set up by bankrupt asbestos defendants. This brief documents how courts handling these cases consider trust payments when determining compensation.
NEWS RELEASE
Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.
JOURNAL ARTICLE
The likelihood of malpractice suits and the size of indemnity payments vary across specialties, but by age 65, 75% of physicians in low-risk specialties had faced a malpractice claim, as compared with 99% of physicians in high-risk specialties.
COMMENTARY
From the standpoint of policy makers, the basic challenge is to ensure that liability concerns do not derail the clinical value of new CDS technology, write Michael Greenberg and M. Susan Ridgely.
JOURNAL ARTICLE
Clinical decision support (CDS) refers to electronic technology used to enhance clinical decision making. The basic challenge for policymakers interested in promoting adoption of CDS is to ensure that liability concerns do not derail the clinical value of new CDS technology.
REPORT
While legislative and judicial reforms have made it increasingly difficult to obtain compensation for nonmalignant diseases in the tort system, the trust system remains a source of compensation for such injuries. This report describes the creation, organization, and operation of asbestos personal-injury trusts and compiles publicly available information on the assets, outlays, and governing boards of the 26 largest ones.
NEWS RELEASE
Reducing the number of preventable patient injuries in California hospitals from 2001 to 2005 was associated with a corresponding drop in malpractice claims against physicians.
REPORT
Reducing the number of preventable patient injuries in California hospitals from 2001 to 2005 was associated with a corresponding drop in malpractice claims against physicians.
RESEARCH BRIEF
Investigates the relationship between safety outcomes in hospitals and malpractice claiming against providers, using data for California hospitals and insurers from 2001 through 2005.
NEWS RELEASE
No-fault automobile insurance, once seen as a way to limit court costs and lower premiums, has declined in popularity among both insurers and consumers because it largely has failed to accomplish either goal.
RESEARCH BRIEF
This brief analyzes the factors that led to the exposure of widespread abuse in the diagnoses in thousands of silica injury claims in Texas, then suggests ways to uncover such abuses in mass personal-injury litigation more easily in the future.
REPORT
Silica inhalation injury claims skyrocketed beginning in 2001, prompting concerns that silicia litigation would become a mass tort. It instead collapsed following the uncovering of abusive diagnostic practices, which can be decreased or even prevented if changes in several areas of litigation procedures are pursued.
JOURNAL ARTICLE
n the United States, drugs are jointly regulated by the US Food and Drug Administration, which oversees premarket clinical trials designed to ensure drug safety and efficacy, and the liability system, which allows patients to sue manufacturers for unsafe drugs. In this paper, the authors examine the potential welfare effects of this dual system to ensure the safety of medical products, and conclude that product liability exemptions for FDA…
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