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A Conceptualization of a No-Fault Compensation System for Medical Injuries

Published online by Cambridge University Press:  01 July 2024

Rick J. Carlson*
Affiliation:
Center for Study of Democratic Institutions

Extract

Estimates of the impact of personal health care services on the health levels of definite populations range widely. Whatever the figure derived, it is often surprising to discover what little effect such services have on the conditions of health. Rene Dubos offers no numerical estimate but phrases the point in this way:

But while modern science can boast of so many startling achievements in the health fields, its role has not been so unique and its effectiveness not so complete as is commonly claimed. In reality … the monstrous spector of infection had become but an enfeebled shadow of its former self by the time serums, vaccines, and drugs became available to combate microbes. Indeed, many of the most terrifying microbial diseases — leprosy, plague, typhus, and the sweating sickness, for example — had all but disappeared from Europe long before the advent of the germ theory…. [C]learly, modern medical science has helped to clean up the mess created by urban and industrial civilization. However, by the time laboratory medicine came effectively into the picture the job had been carried far toward completion by the humanitarians and social reformers of the nineteenth century. Their romantic doctrine that nature is holy and healthful was scientifically naive but proved highly effective in dealing with the most important health problems of their age. When the tide is receding from the beach it is easy to have the illusion that one can empty the ocean by removing water with a pail. The tide of infectious and nutritional diseases was rapidly receding when the laboratory scientist moved into action at the end of the past century (Dubos, 1959: 107).

Type
Research Article
Copyright
Copyright © The Law and Society Association, 1972.

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References

Cases

Charleston, Darling V. Memorial Hospital, 33 Illinois 2d. 326, 211 N.E. 2nd 253 (1965), cert. denied, 383 US 946 (1966).Google Scholar
James v. Mulder, 232 Michigan 183, 205 N.W. 159 (1925).CrossRefGoogle Scholar
July v. Mellor, 163 Washington 48, 299 P. 660 (1931).Google Scholar
Monohan v. Devinny, 131 Mississippi 248, 225 N.T.S. 601 (1927).Google Scholar
Rowkamp, Willet V., 134 Ohio 285, 16 N.E. 2d 457 (1938).CrossRefGoogle Scholar

References

BILLINGS, James E. (1971) “Some Cost Estimates of Medical Malpractice Compensation,” Minneapolis, Minnesota: Institute for Interdisciplinary Studies.Google Scholar
BOMBAUGH, Robert L. (1971) “The Department of Transportation Auto Insurance Study and Auto Accident Compensation Reform,” 71 Columbia Law Review 207.Google Scholar
COMMISSION ON PROFESSIONAL AND HOSPITAL ACTIVITIES (1969) PAS Reporter. PAS Reporter: PAS (September 2, September 15, October 6).Google Scholar
COMMISSION ON PROFESSIONAL AND HOSPITAL ACTIVITIES (1970) PAS Reporter. PAS Reporter: PAS (March 9, 1970).Google Scholar
DEVEY, C. (1969) “Towards Automated Health Services” 67 Proceedings of the Institute of Electronical Engineers 1830.Google Scholar
DUBOS, Rene (1959) The Mirage of Health. Doubleday.Google Scholar
FEIN, Pashi (1967) The Doctor Shortage. Washington, D.C.: Brookings Institute.Google Scholar
FLORIDA LAW REVIEW [Note] (1966) Florida Law Review 625.Google Scholar
GLAZER, NathanThe Paradoxes of Health Care,“ The Public Interest, Spring, 1970.Google Scholar
HALBERSTAM, Michael (February 14, 1971) “The Doctor's Dilemma — Will I be Sued,” New York Times Magazine.Google Scholar
HARVARD LAW REVIEW [Note] (1971) ............................ 84 Harvard Law Review 887.Google Scholar
HAVIGHURST, Clark (1971) “Health Maintenance Organizations and the Market for Health Services” 35 Law and Contemporary Problems 716.Google Scholar
JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION (1969) “Development and Growth of New Allied Health Fields.”.Google Scholar
LEWIS, C.E. (1969) “Variations in Incidence of Surgery” 281 New England Journal of Medicine 880884.CrossRefGoogle ScholarPubMed
McCLEARY, Robert, et al. (1970) One Life—One Physician. Washington, D.C.: The Center for Study of Responsive Law.Google Scholar
MEDICAL PROTECTIVE COMPANY. ”Pretrial Malpractice Screening Panel — A Commentary.” Fort Wayne, Indiana.Google Scholar
SHARPE, David J. (1970) “Contingent Fee — Physician Protection” Trial, Vol. 6, No. 2, p. 21.Google Scholar
SPARLING, J.F. (1962) “Measuring Medical Care Quality: A Comparative Study,” 36 Hospitals 62.Google Scholar
SUBCOMMITTEE ON EXECUTIVE REORGANIZATION TO THE COMMITTEE ON GOVERNMENTAL OPERATIONS. Medical Malpractice: the Patient v. the Physician. Washington D.C.: U.S. Government Printing Office.Google Scholar
U.S. DEPARTMENT OF HEALTH, EDUATION AND WELFARE, SOCIAL SECURITY ADMINISTRATION (1969) “The Size and Shape of the Medical Care Dollar,” Washington, D.C.: U.S. Government Printing Office.Google Scholar