Large variations exist across medical specialties in the frequency of malpractice claims and the amount paid on them. Most physicians face at least one claim during their careers, but most claims do not result in a payment.
Institute for Civil Justice Publications
The RAND Institute for Civil Justice uses empirical and objective research methods to search out the root causes of system problems and identify the best fixes. We find common ground among adversaries, and interpret findings for policymakers. Our work aims to make the system more efficient and equitable for all, protecting society from the economic and social costs of a system that could become arbitrary and capricious.
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For Whom the Whistle Blows: Advancing Corporate Compliance and Integrity Efforts in the Era of Dodd-Frank 2011
Following the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the U.S. Securities and Exchange Commission issued for comment a set of controversial rules on whistleblower awards and protections. On May 11, 2011, RAND convened a symposium to discuss the implications of the proposed rules, the role of internal compliance and reporting processes, and steps to strengthen these processes in the era of Dodd-Frank.
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.
Asbestos bankruptcy trusts play an important role in compensating asbestos injuries. This monograph examines how state tort laws address compensation paid by trusts and the evidence submitted in trust claim forms, how court proceedings take this evidence and compensation into account, and how the establishment of the trusts potentially affects compensation.
This analysis and its findings are a step toward informing the policy debate about the effects of the new Medicare requirement under which insurers and self-insured companies must report settlements, awards, and judgments involving a Medicare beneficiary to the Centers for Medicare and Medicaid Services. The researchers focused on compliance costs, recovery amounts under the Medicare Secondary Payer Act, and the phaseout of a $5,000 threshold.
A paradigm shift involving acknowledgement of the value of clinicians in the context of community research, establishment of a stable infrastructure to support a cohort of clinicians across time and research studies, and realignment of incentives to encourage participation in clinical research is required.
Bridging the Gap Between Basic Science and Clinical Practice: The Role of Organizations in Addressing Clinician Barriers 2011
New National Institutes of Health policies call for expansion of practice-based research to improve the clinical research enterprise and facilitate dissemination of evidence-based medicine. This paper describes organizational strategies that influence clinicians' decisions to participate in clinical research.
The RAND Corporation convened a May 12, 2010 Round Table meeting in Washington DC, entitled "Directors as the Guardians of Ethics and Compliance Within the Corporate Citadel: What the Policy Community Needs to Know." The purpose of the meeting was to generate a broad conversation about the role of directors and boards in C&E oversight, and the challenges and opportunities facing directors in this regard.
Evidence suggests that arbitration clauses, though common in consumer contracts, are uncommon in commercial contracts, but research on why this may be so is scant. This report presents the findings of a survey and follow-up interviews of corporate counsel that sought to determine their thinking on domestic business-to-business arbitration and its use as an alternative to litigation.
There is a strong expectation by the U.S. Sentencing Commission (USSC) for boards to be directly involved in compliance and ethics (C&E) oversight, and the reporting relationship between the board and the manager of the compliance and ethics function, the Chief Ethics and Compliance Officer (CECO) is viewed as central to that responsibility.