1. Brennan T, Leape L, Laird N, et al. Incidence of adverse events and
negligence in hospitalized patients. Results of the Harvard Medical
School Practice Study. N Engl J Med. 1991;324( 6):370-376.
2. Studdert DM, Mello MM, Gawande AA, et al. Claims, errors, and
compensation payments in medical malpractice litigation. N Engl J
Med. 2006;354( 19):2024-2033.
3. Mello MM, Chandra A, Gawande AA, Studdert DM. National
costs of the medical liability system. Health Aff (Millwood).
2010; 29( 9):1569-1577.
4. American College of Surgeons Mission Statement. Available at:
www.facs.org/about-acs. Accessed January 20, 2015.
5. American College of Surgeons Inspiring Quality initiative.
Available at: http://inspiringquality.facs.org/. Accessed January 20,
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CY. Does surgical quality improve in the American College of
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7. American Medical Association. Medical Liability Reform Now!
The facts you need to know to address the broken medical liability
system. 2013 edition. Available at: www.protectpatientsnow.org/
sites/default/files/mlr-now2b.pdf. Accessed January 21, 2015.
8. Marx D. Patient Safety and the “Just Culture”: A Primer for Health Care
Executives. New York, N Y: Columbia University; 2001.
9. Kachalia A, Mello MM. New directions in medical liability reform.
N Engl J Med. 2011;364( 16):1564-1572.
10. Metzler IS, Meara JG. Medical liability reform: Evidence
for legislative and alternative approaches. Bull Am Coll Surg.
2012;97( 1): 6-11.
11. Bell SK, Smulowitz PB, Woodward AC, et al. Disclosure, apology,
and offer programs: Stakeholders’ views of barriers to and
strategies for broad implementation. Milbank Q. 2012;90( 4):682-705.
12. Mello MM, Gallagher TH. Malpractice reform—opportunities for
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The College actively supports:
•Reforms based on safety, quality, and accountability
•Continued advocacy of traditional reforms
where appropriate and feasible
•Legislation that eases structural barriers to
implementation of patient-centered reforms,
specifically as it pertains to NPDB reporting
requirements and apology laws
• Culture change among hospitals and providers
to embrace swift adoption of alternative patient-centered reforms, including CRPs
Beyond traditional legislative remedies, the medical liability
system is in need of transformative change that focuses less on
monetary reparations and more on the ACS mission centered on
patient safety, quality health care, and provider accountability.