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  1. Slouching toward Managed Care Liability: Reflections on Doctrinal Boundaries, Paradigm Shifts, and Incremental Reform.Wendy K. Mariner - 2001 - Journal of Law, Medicine and Ethics 29 (3-4):253-277.
    Following the seemingly endless debate over managed care liability, I cannot suppress thoughts of Yeats’s poem, “The Second Coming.” It is not the wellknown phrase, “Things fall apart; the centre cannot hold,” that comes to mind; although that could describe the feeling of a health-care system unraveling. The poem’s depiction of lost innocence — “The best lack all conviction, while the worst/Are full of passionate intensity” — does not allude to the legislature, the industry, the public, or the medical or (...)
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  • Liability Reform Should Make Patients Safer: “Avoidable Classes of Events” are a Key Improvement.Randall R. Bovbjerg & Laurence R. Tancredi - 2005 - Journal of Law, Medicine and Ethics 33 (3):478-500.
    Too many patients are injured in the course of medical care. This truth is as distressing now as it was four years ago when it began an article in this journal’s last similar symposium. Many or most injuries seem preventable. Yet today’s systems of care and of oversight of care too often fail to prevent them, despite generations of increasing legal intervention. Few injuries are litigated, even fewer addressed through medical peer review or state disciplinary authorities. The Institute of Medicine’s (...)
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