Nelson L J
Spec Law Dig Health Care (Mon). 1988 Oct;10(2):7-50.
The author present a discussion of the expansion of liability for medical malpractice through the erosion of traditional fault concepts. Tensions are noted between this expansion of liability and the increasing emphasis on cost containment in both the public and private sectors. Various approaches to tort reform are surveyed and analyzed with particular attention directed to comprehensive reforms recently adopted in Florida. Increased emphasis on risk management is suggested as a plausible alternative to tort reform. Finally, the employment of contractual solutions is suggested as appropriate in light of the increasingly competitive health care environment.
作者探讨了通过传统过错概念的侵蚀来扩大医疗事故责任的问题。文中指出了这种责任扩大与公共和私营部门日益强调成本控制之间的矛盾。调查并分析了各种侵权法改革方法，特别关注佛罗里达州最近通过的全面改革。有人认为，增加对风险管理的重视是侵权法改革的一个合理替代方案。最后，鉴于医疗保健环境竞争日益激烈，建议采用合同解决方案。
