Do Insurer Pricing Strategies Explain Medical Malpractice Liability Insurance Premium Fluctuations?: An Empirical Study at the Claim Level

2008 ◽  
Author(s):  
Kathryn Zeiler ◽  
Charles M. Silver ◽  
Tom Baker
Keyword(s):  
Empirical Study ◽  
Medical Malpractice ◽  
Insurance Premium ◽  
Liability Insurance ◽  
Pricing Strategies ◽  
Malpractice Liability

scholarly journals Medical malpractice liability insurance: Comparision of Vietnam to some European countries

2020 ◽  
Vol 12 (3) ◽  
Author(s):  
Nguyen Thi Bao Anh
Keyword(s):  
Medical Malpractice ◽  
Healthcare Professionals ◽  
Third Party ◽  
Liability Insurance ◽  
Medical Expenses ◽  
Insurable Interest ◽  
The Third ◽  
Bodily Injury ◽  
Malpractice Liability ◽  
The Cost

Medical malpractice liability insurance (MMLI) is one type of professional liability insurance that protects healthcare professionals from liability associated with wrongful practices. This type of MMLI can cover a result of bodily injury, medical expenses, and property damage, as well as the cost of defending lawsuits related to such claims. The frameworks of MMLI of the countries such as explanations, insurable interest, insured risk, insured premium, indemnification, and the third party will be analysed and compared.  Comparing the systems of MMLI in Vietnam with other countries-Belgium, France, and England- is to be aware of the different and similar regulations. The results from this study may help Vietnam to study more through the models of MMLI of Belgium, France, and England.

scholarly journals Obligations, consent and contracts in Scots law: re-analysing the basis of medical malpractice liability in light of Montgomery v Lanarkshire Health Board

Legal Studies ◽  
2021 ◽  
pp. 1-21
Author(s):  
Jonathan Brown
Keyword(s):  
Informed Consent ◽  
Legal System ◽  
Medical Malpractice ◽  
Health Board ◽  
Medical Negligence ◽  
University Hospitals ◽  
Malpractice Liability ◽  
Patient Relationships ◽  
Physician Patient ◽  
Medical Regime

Abstract Professors MacQueen and Thomson have defined ‘contract’, within Scots law, as denoting ‘an agreement between two or more parties having the capacity to make it, in the form demanded by law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal’. This definition reflects the fact that Scottish contracts are underpinned by consent, rather than by ‘consideration’. This, naturally, has the potential to be of great significance within the context of physician/patient relationships, particularly since the 2006 case of Dow v Tayside University Hospitals NHS Trust acknowledged that these relationships could be contractual in nature. This observation is of renewed importance since the landmark decision in Montgomery v Lanarkshire Health Board, which found that physicians must ensure that they obtain full and freely given ‘informed consent’ from their patients, prior to providing medical services. In light of the present medical regime which requires ‘doctor and patient [to] reach agreement on what should happen’, the basis of liability for medical negligence, in Scotland, requires reanalysis: ‘To have a contract only when the patient pays is not consistent with a legal system which has no doctrine of consideration in contract’.

scholarly journals Contractual Revisions to Medical Malpractice Liability

1986 ◽  
Vol 49 (2) ◽  
pp. 253 ◽  
Author(s):  
William H. Ginsburg ◽  
Steven J. Kahn ◽  
Michael C. Thornhill ◽  
Steven C. Gambardella
Keyword(s):  
Medical Malpractice ◽  
Malpractice Liability
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