Crossing the Quality Chasm: Autonomous Physician Extenders Will Necessitate a Shift to Enterprise Liability Coverage for Health Care Delivery

The Advance of the Retail Health Clinic Market: The Liability Risk physicians May potentially Face when supervising or Collaborating With Other Professionals

“…19 The fact that many retail clinics are owned and operated by large commercial and health care entities, combined with the limited requirements for physician supervision and collaboration, may shift liability away from the overseeing physician and more toward reliable sources of "deep pocket" compensation. 19,25 A major goal of the tort law system in general is to limit the likelihood that similar negligent acts will recur in the future. By shifting liability away from the nurse practitioner and toward the supervising or collaborating physician, the beneficial effect on retribution and deterrence may be limited.…”

Hageseth's principle of extraterritorial jurisdiction and international telemedicine

“…All states have inherent authority to regulate their health-care markets. 11 Long ago, the Supreme Court held that the states could use this authority to establish medical licensure laws. 12 Today, all 50 US states require anyone representing themselves as a physician to have a valid state medical licence.…”

The legal and economic forces that will shape the international market for cybersurgery

“…Because the capital requirements to enter the teleradiology market are minimal, American teleradiologists are already seeking trade barrier protection from foreign competition (10). The trade barriers sought by radiologists are primarily in the form of stringent medical licensure requirements and mandatory malpractice coverage laws (11). These barriers, which are enacted at the state level, are amplified when a foreign provider has to comply with multiple state laws (12).…”