Una riflessione tra economia e diritto sulla malpractice medica: i casi di Stati Uniti e Italia
Medical malpratice is strictly related to the methodical adoption of legal proceedings in order to allocate the risk connected to every medical decision (diagnostic as well as therapeutic). The rise of this phenomenon, and it continuos spread has modifying the physician-patient relationshipd in the last decades, which contributes to the consequences on the increasing health system (e.g. defensive medicine). While the heavily struck U.S. medical practitioners insurance market by a recent availability ad affordability crisis has provided us a good example, Italy is at the outset of a quite similar experience. In this paper I have used a comparative approach to deal with the economical and legal features of the common kernel of every health organization on both: the patient-physician relationship (agency model) and the costant inability, partially due to social transformations, of the non-market institution represented by the patient-physician relationship that has addressed the last risk bearer problem as one of the main incentive on a medical decision. Therefore the paper is focused on 1) the legal alternatives to a) induce an efficient level of precaution and b) to reduce the agency model inefficiencies; 2) third institutions' definition and operation (HMOS, ASLS) on (b).
Volume (Year): (2005)
Issue (Month): 3 ()
|Contact details of provider:|| |
When requesting a correction, please mention this item's handle: RePEc:mul:jhpfyn:doi:10.1434/21139:y:2005:i:3:p:455-482. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ()
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.