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1 Proposed Research Conference on Disputes and Litigation Over Delivery of Health Care Services [i] (1996)

handle is hein.congcourts/preseaca0001 and id is 1 raw text is: Proposed Research Conference on Disputes and Litigation Over Delivery of Health Care Services OVERVIEW Litigation appears to play an increasingly important role in the delivery of health care services. The courts know little about the nature of litigation over health care delivery, and even less about the conflicts that form the source of such litigation. Such knowledge is require to plan for the effects of litigation on the courts and the health care system in general. This proposal seeks funding for a conference, hosted by the Federal Judicial Center and co- sponsored by a other interested organizations, that will identify opportunities for research on the relationship between litigation and the delivery of health care services. The product of this conference will be a list of questions and issues that will benefit from empirical study. These research topics will then be developed into specific research proposals through the work of smaller groups. INTRODUCTION The health care delivery system seems poised to undergo profound changes in the delivery of services, many of which are likely to generate new litigation. The cover article of the current issue of the American Bar Association Journal (October, 1996) summarizes these trends. Movement away from private providers of health care is likely to attenuate the bonds of loyalty between patient and provider, thereby increasing the opportunity for conflicts to become transformed into litigation. Moreover, many proposals for reform of the health care system include entitlements that will increase the opportunity for litigation. Proposed federal legislation in 1994 led the Subcommittee on Health-Care Reform of the Judicial Conference Committee on Federal-State Jurisdiction to warn against proposed legislation that made the federal courts the primary forum for review of denial of health care benefits. Future proposals also are likely to present new burdens to the federal and state courts, both in terms of the numbers and complexity of the disputes. The courts know little about litigation involving the delivery of health care services. Reported decisions represent only a small portion of the disputes that are presented to the courts. Court records do not permit easy identification of litigation related to health care. The federal and state courts require a clearer understanding of the nature of health care disputes to assess the effects on changes in health care delivery on litigation.

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