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5 INCL Brief 1 (1975-1976)

handle is hein.journals/tbrief5 and id is 1 raw text is: 12I l 'October 19 IoI. 5.-No, 1 _Published by the Section of Insurance, Neolinence & Compensation Law I -e:AIRMAN'S REPORT Traditionally the practice of law has been a dynamic and challenging profession. From biblical times, up through the founding of our country, down to the present, man has looked to the law for standards of conduct and the solution of the complex social and economic relationships of persons and nations, and the problems resulting from those interrelations. The law thereby reflects both the moral judgments of man and the response of society to its evolving human needs and changing social goals. This has been dramatically illustrated to us In our specialized field of the law in the 70's. First, with the adoption of automobile no-fault legislation; rules of comparative negligence; apportionment of liability between defendants and, more recently, in the medical malpractice crisis. We are privileged not only to be a part of this real life drama but to be cast in lead roles. This Fall Issue of the Incl Brief highlights and details the developments In the medical malpractice area. It provides a comprehensive overview of the crisis and a forecast of the near and long term problems that remain. A careful study of the contents should aid each of us In serving the needs of the varied and diverse interests we represent, be that-plaintiff; health-care provider; insurer, regula- tory agency or the judicial system. We should and must be well informed of the nature of the problem; solution requires Identification of the problem, as a first step. Only with such knowledge can we seek out the root cause and develop solutions. The lack of knowledge will be but a continuing obstacle. The basic issues appear to be: safety engineering-how to prevent adverse medical results; availability of insurance market; should there be a statutory definition of malpractice or a standard of care; should the recovery system be materially modified or, as some propose, the judicial system be abolished? This is a singular opportunity to participate In the real world of people. Your talents can be utilized effectively, only if, you know the issues-the Incl BRIEF can assist you. I urge you to acquire the necessary knowledge and to apply yourself wholeheartedly as a dedicated professional both In the public debate and the legislative process. Thomas A. Harnett MEDICAL MALPRACTICE DEVELOPMENTS F. W. Beck Vice President and General Counsel, American Mutual Insurance Alliance Introduction This is a report on the status of state medical malpractice legislation which has been prepared by the staff of the American Mutual Insurance Alliance. Because of the rapid pace of enactment a reference guide such as this must be reviewed in the light of subsequent developments. The medical malpractice emergency has broad Implications for the public who use the medical care system, as well as for the lawyers, doctors and insurers who are integral parts of the system. The proliferation of state medical malpractice legislation in the last twelve months is unusual and probably unequaled. It Is for this reason that a detailed compilation has been prepared and published for informational purposes. This material is presented in two parts. First, on page 5, there is a comprehensive analysis, state by state, of medical malpractice legislation Including tort reforms. In addition, on page 12, there is a chart which depicts legislation and tort reforms In those states which have enacted mandatory marketing mechanisms for medical malpractice. (Continued on page 5) Copyright ( 1975 American Bar Association i I ..... flLDI Produced by the ABA Press

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