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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

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
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
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
F. W. Beck
Vice President and General Counsel,
American Mutual Insurance Alliance
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

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