Navigation Links
In-store clinics, 'telemedicine' and the death of windfall malpractice judgments
Date:5/22/2014

Diminishing windfall medical malpractice judgments for inadvertent bumps and bruises might make some lawyers sick.

What's worse, the Affordable Care Act is expected make malpractice litigation even more challenging.

"There will still be errors and there will be compensation, but it won't be anything like what we've seen where patients win millions of dollars," says Jim O'Reilly, a volunteer professor in the University of Cincinnati's College of Law. "For lawyers to better serve their clients, they have to understand the system has changed. If they don't know about it, their client loses."

But O'Reilly offers a remedy in his groundbreaking new textbook.

This week the American Bar Association Press will publish "The New Medical Malpractice" by O'Reilly, an author of dozens of books and articles, and a longtime student of Ohio damages lawsuits. The book shares O'Reilly's insight on the rapidly shifting world of medical malpractice law.

"There was no book I looked for one that explained what's happening in health care," O'Reilly says. "That's why most of what's in my book is pioneering, because I talked to the people in Washington, D.C., and asked what they're really doing."

As provisions of the Affordable Care Act are rolled out nationwide, it's estimated that millions of previously uninsured Americans will gain access to coverage. The massive influx of clients is expected to bring a new level of competition among health insurance providers, potentially driving them to cut costs.

As a result, O'Reilly expects to see fewer local doctor's offices; growing numbers of grocery and convenience stores with on-site clinics staffed by nurses, not doctors; a proliferation of "telemedicine," where patients and doctors interact via video conference technology; and a rise in federally subsidized neighborhood health centers, such as the 46 such clinics operating in Greater Cincinnati and the thousands nationwide.

The changing medical landscape brings exciting ways to deliver medical services, O'Reilly says, but a fair amount of concerns too.

"Telemedicine has great potential but also the possibility for great mischief," O'Reilly says. "We're finding more cases where a nurse is giving the advice and if it's a really significant case, the doctor comes on video and offers an evaluation from a remote location. In that circumstance, we have questions about whether he or she can actually do an appropriate evaluation."

Further complicating things, O'Reilly says many of the newly insured will have "deferred maintenance" issues, or medical problems they have long ignored for various reasons, such as they lack money or sufficient health insurance coverage. These cases are fraught with risk for doctors and could lead to lawsuits for missed diagnosis or the wrong diagnosis.

As O'Reilly explains in his book, the dramatic changes to health care mean the medical malpractice field must change too. He says cases where a patient goes to court directly against his or her family practitioner will become more of a rarity.

Instead, patients seeking compensation for medical mistakes will increasingly be pitted against large hospital-based accountable care organizations or federally backed health centers and lawyers must adapt accordingly. Taking on the federal system in Washington, D.C., or a mega-hospital's cadre of lawyers requires a much different approach than the traditional lawsuit against a neighborhood doctor in local common pleas court.

"The ultimate end point is people injured by mistakes should be compensated by the people accountable for the mistake. I think everybody can agree to that," O'Reilly says. "It's just a much more diverse set of defendants and a much more complicated decision for compensation."


'/>"/>

Contact: Tom Robinette
tom.robinette@uc.edu
513-556-1825
University of Cincinnati
Source:Eurekalert

Related medicine news :

1. Telemedicine can reduce hospitalizations for nursing home residents
2. Enterprises TV Announces Telemedicine and the Future Series
3. CardioVet Introduces New Wireless Digital ECG Device to the Veterinary Market to Facilitate Cardiology Telemedicine Services
4. AMD Global Telemedicine Announces Integration of Encounter Management Software with Patient Records Management System
5. Telemedicine and M-Health Convergence Market
6. PTT Telemedicine Market and M-Health Convergence Analysis in 2013-2019 Report Now Available with ReportsnReports.com
7. Firefly Wireless Digital Otoscopes and Wireless Dermatoscopes Take off in Telemedicine
8. ATA Launches Online Telemedicine Learning Center
9. BCC Research Publishes A New Report On Global Markets For Telemedicine Technologies
10. Global Telemedicine Market 2012-2016
11. World Mobile Healthcare (mHealth) Market 2013-2018 - eHealth, Telemedicine & Health Informatics
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:1/23/2020)... ROSA, Calif. (PRWEB) , ... January 23, 2020 ... ... and older adults living with memory impairment, has announced the Best Memory Care ... on location, access to experts, facility features and amenities. , According to ...
(Date:1/23/2020)... (PRWEB) , ... January 23, 2020 , ... Park Avenue ... new website jschildhorn.com. Dr. Schildhorn is excited to bring this new digital portal for ... of Duke and attended medical school at Temple University. With over 12 years of ...
(Date:1/23/2020)... (PRWEB) , ... January 23, 2020 , ... ... policy brief demonstrating that in 2019, the Trump Administration dramatically expanded upon ... and well-being of LGBTQIA+ people in America and around the world. , “During ...
(Date:1/23/2020)... ... ... Starting Hearts , a nonprofit committed to increasing awareness of Sudden Cardiac ... Feb. 1, 2020, to align with American Heart Month. This educational campaign is aimed ... of death in the U.S., Sudden Cardiac Arrest. , “I founded Starting Hearts in ...
(Date:1/22/2020)... , ... January 22, 2020 , ... In Partnership with ... free dental services for low-income, underinsured individuals at its Largo, FL office on March ... x-rays , fillings , cleanings and extractions . For ...
Breaking Medicine News(10 mins):
(Date:1/23/2020)... ... January 23, 2020 , ... Please join American Society of Nuclear Cardiology (ASNC) ... Society’s president for 2020. Dr. Dorbala is the director of nuclear cardiology at Brigham ... radiology at Harvard. Over more than 20 years as an ASNC member, she has ...
(Date:1/23/2020)... ... January 23, 2020 , ... ... resource tools, has announced the availability of a new decision aid within its ... several pharmacotherapeutic options to manage opioid addiction. , Opioid addiction is a chronic ...
(Date:1/23/2020)... ... January 23, 2020 , ... Claremont Place Senior Living, a ... is proud to receive a deficiency-free survey in August 2019 as administered by the ... that is done daily by our committed and caring staff, that not only meets, ...
Breaking Medicine Technology: