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Legal. Legal experiments.

As congress debates med-mal fixes, states are once again proving to be laboratories for reform. Legislators and providers are looking for innovative ways to curb the rising costs of liability insurance.

Compensation and Redress↗

The physician and workmen's compensation. A new paramedic to help with compensation cases.

The first social, no-fault, insurance legislation in California was the Workmen's Compensation Act of 1911. It has been changed and modified in the years since, and is having an increasing impact on the practice of most California physicians. Many physicians consider caring for the occupationally ill or injured time-consuming and difficult. A newly emerging kind of paramedic, the workmen's compensation benefit administrator, is available to assist the physician in overcoming difficulties encountered. A cooperative effort between the physician and the benefit administrator will expedite management of industrial patients.

California↗

[Self-inflicted finger-amputation: insurance fraud or accidental injury?].

A 50-year-old surgeon was working with his electrical circle saw as a do-it-yourselfer. He was alone, nobody witnessed his mishap when he amputated his left index finger. He claimed high financial compensation from two accident insurance companies because of his disability. A long series of medical expertises followed. The juridical procedures took 12 years in total. All higher authorities had to deal with the forensic medical implications. Finally, the high court (Bundesgerichtshof) decided that the complainant would receive no compensation because he gave two very different descriptions. Concerning the reconstruction of the accident, the first version was unlikely from a biomechanical point of view. The decision of the court was solely based on the violation of the obligation to give a clear presentation of the course of events (Obliegenheitsverletzung).

Accidents↗