Medical Malpractice: Few Claims Resolved Through Michigan's Voluntary Arbitration Program : Report to Congressional Requesters

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Page 1 - Committee on Ways and Means House of Representatives The Honorable Nancy L Johnson House of Representatives...
Page 17 - Such failure also violates the right of a fair trial guaranteed accused persons by the due process clause of the 14th amendment to the Constitution.
Page 1 - ... program 14 times. THE COMPENSATION SYSTEM FOR THOSE INJURED BY MEDICAL NEGLIGENCE NEEDS IMPROVEMENT In addition to addressing negligent medical practices, the system for compensating patients injured by negligent practices needs to be improved. There is widespread agreement that the current system is neither efficient nor equitable. Claims take a long time to be resolved, legal costs are high, and settlements and awards are unpredictable. Further, there are concerns about whether the system serves...
Page 1 - Medical Malpractice: Characteristics of Claims Closed in 1984 (GAO/HRD-87-55, Apr. 22, 1987). Medical Malpractice: A Framework for Action (GAO/HRD-87-73, May 20, 1987).
Page 17 - No person shall be ... deprived of life, liberty or property, without due process of law.
Page 18 - ... have an incentive to minimize the number and size of malpractice awards because the awards directly affect their insurance rates. The Moore court and other Michigan appellate courts derived their standard of a "voluntary, knowing and intelligent" waiver from US Supreme Court cases dealing with waiver of rights in criminal proceedings.
Page 8 - ... median time from claim filing to claim closing was 19 months for arbitrated claims compared to 35 months for litigated claims; and 1 'Excludes claims where payment was $0.

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