METHOD AND SYSTEM FOR REDUCING THE INCIDENCE OF DEFENSIVE MEDICINE
First Claim
1. A method for deterring practice of defensive medicine by health care providers, said method comprising:
- a health insurance carrier defining and disseminating practice guidelines for rendering medical care;
said health insurance carrier issuing to a patient a plan of health insurance, including securing from said patient subrogation/assignment to said health care insurance carrier of any professional liability claim that arises against any health care provider; and
said health insurance carrier refraining from asserting any professional liability claim against any health care provider that adheres to said practice guidelines.
1 Assignment
0 Petitions
Accused Products
Abstract
Methods and systems are described that implement evidence-based schemata in a health care system that embody practice guidelines and/or a standard of care. Physicians in the health care system agree to adhere to the practice guidelines. An insured patient assigns/subrogates the right to sue a physician malpractice to the health insurance carrier and receives medical care in compliance with the practice guidelines. The insured patient may be subject to incentives and disincentives to encourage compliance with the assignment/subrogation agreement. Shielding the physician from lawsuits will give the physician an incentive to abandon the practice of “defensive medicine.” This will significantly reduce the number of diagnostic tests and procedures and associated risks and expenses. Such a system can promote cost-efficiency, increase safety and provide fair remedies to patients who are injured, regardless of the cause.
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Citations
35 Claims
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1. A method for deterring practice of defensive medicine by health care providers, said method comprising:
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a health insurance carrier defining and disseminating practice guidelines for rendering medical care; said health insurance carrier issuing to a patient a plan of health insurance, including securing from said patient subrogation/assignment to said health care insurance carrier of any professional liability claim that arises against any health care provider; and said health insurance carrier refraining from asserting any professional liability claim against any health care provider that adheres to said practice guidelines. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30)
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31. Apparatus for deterring practice of defensive medicine by health care providers, said apparatus comprising:
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a practice guideline unit for defining and disseminating practice guidelines for rendering medical care; an issuing unit adapted to issue to a patient a plan of health insurance, including securing from said patient subrogation/assignment to said health care insurance carrier of any professional liability claim that arises against any health care provider; a claims unit adapted to accept a report, from a covered patient, of a claim of injury resulting from alleged violation of said practice guidelines by a health care provider; a claims review unit comprising an output and an input device, wherein; for each report received of a professional liability claim from a covered patient; said output device flags said report for review for making a determination of whether said health care provider adhered by said practice guidelines, and on completion of said review, said determination is entered into said input device, said claims review unit further comprising; a lawsuit authorization unit adapted to authorize a lawsuit against said health care provider when review of said claim results in a conclusion that said health care provider failed to adhere to said practice guidelines. - View Dependent Claims (32, 33, 34, 35)
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Specification