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Summaries of Independent Scientist (K) Awards

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Studdert, David

Institution: Harvard School of Public Health
Grant Title: Improving Dispute Resolution in Health Care
Grant Number:  K02 HS011285
Duration: 4 years (2000-2004)
Total Award: $391,400

Project Description: The purpose of this project was to improve understanding of how disputes arise in health care settings, how they are resolved, and who brings them. The research involved three:

  1. An analysis of coverage decisionmaking by managed care organizations, begun in October 1999.
  2. An analysis external review of coverage decisions by California's Department of Managed Health Care.
  3. The Malpractice Insurers' Medical Error Prevention Study (MIMEPS), an investigation of ways in which malpractice claims data can shed light on the causes of medical injury.

Career Goals: Dr. Studdert received his law degree from the University of Melbourne in Australia and then received his M.P.H. and Sc.D. from Harvard where he is an Assistant Professor of Law and Public Health in the Harvard School of Public Health.  He continues conducting research on health care disputes.

Progress to Date: This project has been completed.  The below listed publications highlight Dr. Studdert's work.  These studies provide new information on two particularly prominent and contentious health policy issues: denials of insurance coverage, and medical injury. 

Highlights and Specific Accomplishments:

  • Professional Associations:
    • Barrister and Solicitor of the Supreme Court of Victoria (Australia).
    • Public Health Association of Australia.
    • National Health Lawyers Association.
    • AcademyHealth.
  • Professional Positions:
    • Consultant, RAND.
    • Assistant Professor of Law and Public Health, Harvard School of Public Health.
  • Awards: Alice S. Hersh New Investigator Award from AcademyHealth (2004).

K-Generated Publications:

Studdert DM, Brennan TA. Toward a workable model of "no-fault" compensation for medical injury in the United States. American Journal of Law & Medicine 2001. 27:225-52.

Gresenz CR, Studdert DM, Campbell N, Hensler DR.  Patients in conflict with managed care: A profile of appeals in two HMOs. Health Affairs 2002. 21(4):189-96.

Studdert DM, Brennan TA. No-fault compensation for medical injuries: The prospect for error prevention. Journal of the American Medical Association 2001. 286:217-23.

Fitzjohn J, Studdert DM .  A compensation perspective on error prevention: Is the ACC medical misadventure scheme compensating the right sort of injury? New Zealand Medical Journal 2001. 114:432-34.

Studdert DM . Charges of HIV discrimination in the workplace: The Americans with disabilities act in action. American Journal of Epidemiology 2002. 156:219-29.

Studdert DM, Gresenz CR. Consumer protection in managed care: enrollee appeals of pre-service coverage denials at two HMOs. Journal of the American Medical Association 2003. 289:864-70

Lamb RM, Studdert DM, Bohmer RMJ, Berwick DM, Brennan TA. Hospital disclosure practices: Results of a national survey. Health Affairs 2003(2):73-83

Stevenson DG, Studdert DM. The rise of nursing home litigation: Findings from a national survey of attorneys. Health Affairs 2003(2):219-29.

Ransom, SB, Studdert DM, Dombrowski MP, Mello MM, Brennan TA. Reduced medical-legal risk by optimal obstetrical clinical pathway implementation: A case-control study. Obstetrics and Gynecology 2003. 101:751-55.

Gawande AA, Zinner MJ, Studdert DM, Brennan TA. Analysis of errors reported by surgeons at three teaching hospitals. Surgery 2003. 133:614-21.

Gawande AA, Studdert DM, Orav EJ, Brennan TA, Zinner MJ. A case-control study of the retention of instruments and sponges after surgery. New England Journal of Medicine 2003. 348:229-35.

Studdert DM, Mello MM, Burns JP, Puopolo AL, Galper BZ, Truog RD, Brennan TA. Conflict in the care of patients with prolonged stay in the ICU: types, sources, and predictors. Intensive Care Medicine 2003. 29:1489-97.

Studdert DM, Burns JP, Mello MM, Puopolo AL, Truog RD, Brennan TA. Nature of conflict in the care of pediatric intensive care patients with prolonged stay. Pediatrics 2003. 112:553-58.

Kapur K, Grezenz CR, Studdert DM . Managing care: Utilization review in action at two capitated medical groups. Health Affairs 2003 (Jan-June):W3275-W3-282.

Mello MM, Rimm EB, Studdert DM . The McLawsuit: the fast food industry and legal accountability for obesity. Health Affairs 2003. 22:207-16.

Grezenz CR, Studdert DM . Disputes between over coverage of emergency department services: A study of two HMOs. Annals of Emergency Medicine 2004. 43:155-62.

Bloche MG, Studdert DM.  A quiet revolution: Law as an agent of health systems change. Health Affairs 2004. 23(2):29-42.

Studdert DM, Yang YT, Mello MM.  Are damages caps regressive? A study of jury verdicts. Health Affairs 2004. 23:54-67.

Mello MM, Studdert DM, DesRoches CM, Peugh J, Zapert K, Brennan TA, Sage WM. Caring for patients in a malpractice crisis: physician satisfaction, the physician-patient relationship, and quality of care. Health Affairs 2004. 23:42-53.

Studdert DM, Stevenson DG. Nursing home litigation and tort reform: a case for "exceptionalism." The Gerontologist 2004. 44:588-95.

Studdert DM, Mello MM, Gawande AA, et al. Claims, errors, and compensation payments in medical malpractice litigation. New England Journal of Medicine 2006: 354(19):2024-33.

Studdert DM. On selling "no-fault" In: Sharpe VA (ed.) Accountability Patient Safety and Policy Reform. Georgetown University Press, 2004.

Regenbogan SE, Greenberg CC, Studdert DM, et al. Patterns of technical errors among surgical malpractice claims: an analysis of strategies to prevent injury to surgical patients. Annuals of Surgery 2007. 246(5):705-11.

Gallagher, Studdert DM, Levinson. Disclosing harmful medical errors to patients. New England Journal of Medicine 2007. 256(26):2713-19.

Bismark MM, Brennan TA, David PB, Studdert DM. Claiming behaviour in a no-fault system of medical injury: A descriptive analysis of claimants and non-claimants. Medical Journal of Australia 2006. 185(4):203-7.

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