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PubMed · 12889748

Creating a safe environment.

Abstract

William Sage provides an excellent rationalization for today's medical liability crisis. Patient safety and a safe environment are related concepts directed at helping to resolve this crisis. His paper helps to bring the complexities into perspective and suggests the need for an even better definition of "avoidable error" and for a righting of the tort system in the direction of the health care provider. I discuss here two ideas concerning injury compensation tables and medical liability specialty courts to help bring about this "righting."

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BibTeXRIS

George A Huber. Creating a safe environment.. https://doi.org/10.1377/hlthaff.22.4.41

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Smallpox Vaccine Injury Compensation Program: Smallpox (Vaccinia) Vaccine Injury Table. Interim final rule.

The Smallpox Emergency Personnel Protection Act of 2003 (SEPPA), Public Law 108-20, 117 Stat. 638, authorized the Secretary of Health and Human Services (the Secretary), through the establishment of the Smallpox Vaccine Injury Compensation Program (the Program), to provide benefits and/or compensation to certain persons who have sustained injuries as a result of the administration of smallpox covered countermeasures (including the smallpox vaccine) or as a result of vaccinia contracted through accidental vaccinia inoculations. The SEPPA directed the Secretary to establish, by interim final rule, a table identifying adverse effects (including injuries, disabilities, conditions, and deaths) that shall be presumed to result from the administration of or exposure to the smallpox vaccine, and the time interval in which the first symptom or manifestation of each listed injury must manifest in order for such presumption to apply. As mandated by law, the Secretary is establishing such a Smallpox (Vaccinia) Vaccine Injury Table (the Table) through this interim final rule. The Secretary is also establishing a set of Table Definitions and Requirements, which define the terms and conditions included on the Table and are to be read in conjunction with the Table. The Secretary is seeking public comment on the Table established through this interim final rule. At a later date, the Secretary will publish a companion final rule setting forth the administrative implementation of the Program. The public will then be afforded an additional opportunity to comment on the procedures set forth therein.

Compensation and Redress↗