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Correspondence
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Volume 342:1756-1758 June 8, 2000 Number 23
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The Problems with Punitive Damages in Lawsuits against Managed-Care Organizations

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 by Studdert, D. M.
To the Editor: Studdert and Brennan (Jan. 27 issue)1 raise the possibility that subjecting managed-care organizations to tort liability and punitive damages might cause litigation to become widespread and disrupt "the economics of managed care for the insurer." Although the liability system is far from perfect, the authors fail to mention countervailing considerations, and their proposal is therefore incomplete.

Managed care, like medical care in general, can have adverse effects,2 and the system must be held accountable for injury to an individual patient. Prospective safeguards such as quality competition and regulatory oversight are also needed but cannot help patients who . . . [Full Text of this Article]

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