Una riflessione tra economia e diritto sulla malpractice medica: i casi di Stati Uniti e Italia

Translated title of the contribution: [Autom. eng. transl.] A reflection between economics and medical malpractice law: the cases of the United States and Italy

Veronica Grembi

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The issue of doctors' professional responsibility (malpractice) is connected to that of systematic recourse to the legal system for the allocation of the residual risk characterizing every medical intervention (diagnostic and / or therapeutic). The spread of this phenomenon is changing the doctor-patient relationship, with serious repercussions on the costs of health systems (defensive medicine), as seems to emerge from an analysis of the US insurance market for the health professions (availability and afforadability crisis). The Italian reality is starting to experiment with similar critical profiles. The present work proposes a comparative analysis of the economic and juridical profiles of the fundamental unit of any form of health organization: the doctor-patient relationship, seen as an agency model. The disappearance, progressively, also due to social reasons, of the non-market institution constituted by the doctor-patient relationship has revealed, more clearly, the existence of a probelma last risk bearer with respect to an outcome negative of medical intervention. The work is therefore concentrated 1) on the forms that the legal system has assumed and can assume to a) guarantee an efficient level of precaution; b) reduce inefficiencies related to commissioning problems; 2) on the definition and operation of third-party institutions (HMOs, ASL) that can reduce the costs associated with the doctor-patient relationship.
Translated title of the contribution[Autom. eng. transl.] A reflection between economics and medical malpractice law: the cases of the United States and Italy
Original languageItalian
Pages (from-to)455-481
Number of pages27
JournalMERCATO CONCORRENZA REGOLE
Publication statusPublished - 2005
Externally publishedYes

Keywords

  • assicurazioni
  • malpractice medica
  • rischio clinico

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