Tort Law

  • stressed doctor

    Journal Article

    Nearly 11 Percent of Physicians' 40-Year Careers Spent with an Open, Unresolved Malpractice Claim, on Average

    The U.S. malpractice system is widely regarded as inefficient, in part because of how long cases take to resolve. Malpractice reforms should be assessed by how well they reduce litigation time without undermining patients' needs.

    Jan 1, 2013

  • Journal Article

    Journal Article

    Medico-legal Risk Associated with Pediatric Mental Health Telephone Consultation Programs

    In this survey of six state mental health telephone consultation program directors, we report the annual number of children referred for consultation and the number of lawsuits against consultant clinicians.

    Dec 1, 2012

  • Journal Article

    Journal Article

    Comment on Doug Kysar's "What Climate Change Can Do About Tort Law"

    In this Response, the author sketches two problems with Professor Doug Kysar's argument regarding climate change litigation and effect on tort law.

    Aug 1, 2012

  • An elderly woman sorting multiple prescriptions

    Blog

    Could Liability Concerns Derail Clinical Decision Support?

    Computerized clinical decision support (CDS) systems have been developed to enhance physician decisionmaking and reduce the incidence of avoidable medical errors. Drug-drug interaction warnings are a mainstay of CDS systems, but they give rise to a fundamental problem that limits the utility of the systems to date.

    Jul 6, 2012

  • Report

    Report

    The Appropriateness of Recommendations for Hysterectomy

    The authors assessed the appropriateness of recommendations for hysterectomies done for nonemergency and nononcologic indications for 497 California women. Seventy percent of the hysterectomies were judged to have been recommended inappropriately.

    Jun 19, 2012

  • Journal Article

    Journal Article

    Too Many Alerts, Too Much Liability: Sorting Through the Malpractice Implications of Drug-Drug Interaction Clinical Decision Support

    New electronic clinical decision support (CDS) systems are intended to reduce medical errors but sometimes have the unexpected and perverse effect of overwhelming physicians with potential warnings about trivial events, particularly regarding drug-drug interactions.

    Jun 1, 2012

  • Journal Article

    Journal Article

    Outcomes of Medical Malpractice Litigation Against US Physicians

    The risk of medical malpractice varies substantially according to physician specialty.

    Jun 1, 2012

  • News Release

    News Release

    New Book Explores Transparency in the American Civil Justice System

    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.

    Apr 24, 2012

  • A lawyer shaking hands with someone

    Commercial Book

    Would Increased Transparency Improve the U.S. Civil Justice System?

    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.

    Apr 24, 2012

  • Research Brief

    Research Brief

    Would Increased Transparency Improve the Civil Justice System?

    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.

    Apr 24, 2012

  • A man under an umbrella while it's raining percentage symbols

    News Release

    RAND Corporation, Risk Management Solutions Launch New Company to Develop Liability Insurance Tools

    The RAND Corporation, Risk Management Solutions, Inc. (RMS) and private investors have launched a company named Praedicat, Inc., that will provide consulting services and software to the property and casualty insurance industries.

    Mar 14, 2012

  • A statue of Themis holding the scales of justice

    Content

    RAND Institute for Civil Justice

    The RAND Institute for Civil Justice (ICJ), a part of the Justice Policy program, 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.

    Oct 3, 2011

  • Research Brief

    Research Brief

    Most Physicians Will Face Malpractice Claims, But Risk of Making Payment Is Low

    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.

    Sep 14, 2011

  • News Release

    News Release

    Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined

    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.

    Aug 18, 2011

  • A gavel in front of an American flag, photo by ftwitty/Getty Images

    Report

    Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined

    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.

    Aug 18, 2011

  • Journal Article

    Journal Article

    Malpractice Risk According to Physician Specialty

    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.

    Aug 18, 2011

  • Research Brief

    Research Brief

    Bankruptcy Trusts, Asbestos Compensation, and the Courts

    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.

    Aug 18, 2011

  • A doctor using a laptop, photo by yacobchuk/Getty Images

    Commentary

    Clinical Decision Support and Malpractice Risk

    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.

    Jul 6, 2011

  • Journal Article

    Journal Article

    Clinical Decision Support and Malpractice Risk

    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.

    Jul 1, 2011

  • Report

    Report

    Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts

    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.

    Jul 26, 2010