Designated Compensable Events: A No-Fault Approach to Medical Malpractice

Furrow B. , Iatrogenesis and Medical Error: The Case for Medical Malpractice Litigation . Law, Medicine & Health Care 9(5): 4 (October 1981).

Havighurst C.C. Tancredi L.R. , “Medical Adversity Insurance” — A No-Fault Approach to Medical Malpractice and Quality Assurance , Milbank Memorial Fund Quarterly 51:125 (1973), reprinted in Insurance Law Journal 69:613 (1974).

Department of Health, Education & Welfare, Report of the Secretary's Commission on Medical Malpractice (U.S. Gov't Printing Office, Washington, D.C) (1973) (DHEW Pub. No. (OS) 73-88).

Institute of Medicine, National Academy of Sciences, Beyond Malpractice: Compensation for Medical Injuries (National Academy of Sciences, Washington, D.C.) (1978) [hereinafter referred to as IOM Report].

Ehrenzweig A. Compulsory “Hospital-Accident” Insurance: A Needed First Step toward the Displacement of Liability for “Medical Malpractice,” University of Chicago Law Review 31:279 (1964).

Id. at 284.

Havighurst C.C. Tancredi L.R. , “Medical Adversity Insurance” — A No-Fault Approach to Medical Malpractice and Quality Assurance , Insurance Law Journal 613:69, 70 (1974). [hereinafter referred to as No-Fault Approach] [originally printed in Milbank Memorial Fund Quarterly 51:125 (1973)]. See also Havighurst C.C. , “Medical Adversity Insurance—Has Its Time Come.? Duke Law Journal 1975(6):1233 (1975).

O'Connell J. , An Elective No Fault Liability Statute , Insurance Law Journal 628:261, 264 (1975). [hereinafter referred to as An Elective No Fault Liability Statute]. See also O'Connell J. , Ending Insult to Injury: No-Fault Insurance for Products and Services (University of Illinois Press, Urbana) (1975).

Tancredi L.R. , No-Fault and Medical Malpractice: The Causation Issues of Defining Compensable Events , Inquiry 14:341 (1977).

An Elective No Fault Liability Statute, supra note 7, at 264.

No-Fault Approach, supra note 6.

Boyden J.R. Tancredi L.R. , Part III: Identification of Designated Compensable Events (DCEs) , in Commission on Medical Professional Liability, Designated Compensable Event System: A Feasibility Study (American Bar Association, Washington, D.C.) (1979) [hereinafter referred to as ABA Study].

National Association of Insurance Commissioners, Malpractice Claims (NAIC, Milwaukee, Wisc.) (May 1977) [hereinafter referred to as NAIC Study].

Westat, Inc., 1976 Medical Malpractice Closed Claims Study (May 1978) (final report for DHEW contract No. 282-76-TQ-0497).

California Medical Association & California Hospital Association, Report on the Medical Insurance Feasibility Study (Sutter Publications, San Francisco) (1977) [hereinafter referred to as Feasibility Study].

Some of these outcomes from surgery are: Foreign body unintentionally left in operation site; death during surgical operation other than with a bad-risk patient; puncture or laceration wounds of viscera or blood vessels requiring reparative operations; complete paralysis following anesthesia; and complication of common duct injury (immediate, early, and delayed).

Some of these final adverse medical outcomes from orthopedic surgery are: Nerve injury following orthopedic procedure; postoperative infections, particularly if they involve a clean, uncontaminated surface; malunion of fracture with functional impairment; compartment syndromes in the lower extremities; and Volkmann's ischemic contracture following orthopedic procedure.

See Feasibility Study, supra note 14 (articulation of concept).

ABA Study, supra note 11, at 5.

Id. at 21.

See, e.g., IOM Report, supra note 3, at 40.

See, e.g., No-Fault Approach, supra note 6, at 89.