The legality of state limitations on medical malpractice tort damage awards

Article Abstract:

State medical malpractice damage limitations (caps) have had a minimal effect on insurance availability and rates. These caps are the states' reaction to a increasing number of tort damage awards with the resultant increase in insurance premiums. Many states passed laws limiting the amount that can be awarded in a tort damage suit. The constitutional validity of these state cap laws has been challenged in the courts with an approximately even division between validation and invalidation of the laws. Federal courts are more likely to approve state cap legislation than are state courts.

author: Depperschmidt, Thomas O.
General medical & surgical hospitals, Analysis, Malpractice, Medical malpractice, Tort liability, Tort liability of hospitals

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A human resource decision support model: nurse deployment patterns in one Canadian system

Article Abstract:

Researchers present a model for dealing with shortages of registered nurses in hospitals through optimal deployment of existing staff, rather than recruitment. Data was obtained from the British Columbia Health Association centralized payroll system. Three factors that determine nurse deployment requirements are workforce stability, average paid hours and full-time employee ratio. The size of the full-time nursing staff is not the major consideration in every case. Instead each facility should try innovative approaches appropriate to the problems in its own situation.

author: Kazanjian, Arminee, Pulcins, Indra R., Kerluke, Kerry
Offices of health practitioners, not elsewhere classified, Nurses

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Recruiting physicians: avoiding the legal minefield

Article Abstract:

There are many legal considerations for hospitals when recruiting medical staff. The inurement provisions of IRS regulations covering hospital tax-exemption specifically limit the inducements hospitals may offer to physicians. Federal Medicare and Medicaid fraud and abuse laws contain safe harbor provisions on business arrangements. Hospitals should evaluate their physician recruiting practices very carefully to ensure compliance with these laws.

author: Copeland, William M.
Finance, taxation, & monetary policy, Hospitals, Admin. of social & manpower programs, Medical professions, Recruiting, Employee recruitment, Medicare fraud, United States. Internal Revenue Service

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subjects list: Laws, regulations and rules, Hospitals, Physicians, Human resource management
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