Knowledge claim

Malpractice suits are possible

Action

Questions

What is the record of malpractice losses in IVF area?

What compensation can the company expect in the event that this is taken to court? (ss)

In 2004 the amount was around $1 million. This can be expected for the IVF company in this case.
Anon. $1m pay-out for IVF embryo mix-up 5 Aug 2004. BBC Online. http://news.bbc.co.uk/1/hi/health/3537950.stm (accessed 15 Sept 2004).

How do insurance corporations cover a) clinics; and b) patients?

What value is placed on IVF children

What is the larger picture of Biotech and Medical malpractice lawsuits? (ss)

Mandatory Disclosure Law from a Public Policy Stand-point:
Pros
1)Competition between medical services for greater standards in quality.
2)Non-economic reasons which convey respect a long-term goal for companies.
3)Disclosure can overcome knowledge barriers that are created through the structure of medical companies.
4)Disclosure can increase medical accountability and public awareness to improve the rights of citizens

Regulating through Information: Disclosure Laws and American Health Care
William M. Sage
ColumbiaLaw Review, Vol. 99, No. 7. (Nov., 1999), pp. 1701-1829.

In Vitro Fertilization: Insurance and Consumer Protection
Harvard Law Review > Vol. 109, No. 8 (Jun., 1996), pp. 2092-2109
Cons:
1) “Defensive Medicine” to avoid lawsuits, can lead to medicine of bad quality.
2)Unnecessary costs by health insurers, through extra tests, diagnosis, follow-up care and extra lawsuits.
3)Reduced access to services, due to physicians only seeing ‘low-risk’ patients
4)Emotional cost of malpractice litigation

The Effects of Legal Liability on Physicians' Services
Bernard Dickens
The University of Toronto Law Journal > Vol. 41, No. 2 (Spring, 1991), pp. 168-223

Corporate Recommendations from a Political viewpoint:
I would recommend that the company complete a strict non-disclosure agreement with the couple in which the eggs were implanted. My main reason for this is for the safety of the medical field as a whole. Creating mandatory disclosure law would stagnate science.
Substantive Statement Using this Research


(original page based on ss's possible briefings)