Medical Malpractice And Tort Reform - 1533 Words

Medical Malpractice and Tort Reform Within the realm of American tort law, medical malpractice is equated to professional negligence and is a highly debated issue. â€Å"The government estimates that between 44,000 and 98,000 people die each year in hospitals due to medical mistakes, the vast majority of them preventable† (Lau Johnson, 2011). In differentiating this type of tort from standard negligence claims, similarities and differences are illustrated through the elements of a cause of action and available defenses. In further examination of the issue, ethical questions arise in regards to malpractice tort reform, which can be analyzed through the presentation of multiple professional perspectives as well as previous tort cases in order to expose the multi-faceted issue at hand. Four Elements of a Medical Malpractice Cause of Action First, in order for a plaintiff to prevail through a medical malpractice cause of action, four key elements must be proven. Initially, the existence of a patient-provider relationship must be evident. Additionally, there must be an establishment of a medical standard of care. This foundational element pertains to the appropriate level of care under the circumstances, essentially the average degree of care and skill of similar health care providers. The third element which must be proven is a breach of that medical standard of care. By contrasting the care provided in the specific case to the typically appropriate level of care expected from aShow MoreRelatedMedical Malpractice And Tort Reform960 Words   |  4 PagesMedical Malpractice and Tort Reform Medical Malpractice consists of negligence committed by a medical professional. There are many possible events that can occur in the practice of medicine. When physician make a medical error it could possible result in an injury. We often put our faith in doctor to make the right medical decision for us. However, medical malpractice does not always hold up since some patient can take advance of the system. There are some defenses that exist when talking about theRead MoreTort Reform And Medical Malpractice1083 Words   |  5 PagesTort reform has intense arguments to both sides and creates a myriad of concerns. On one side of the tort reform movement, defendants such as corporations and medical professionals want limits on the damages awarded to the plaintiff. The benefit of tort reform for defendant is the financial savings. However, a cap placed on medical malpractice cases and other cases that are of negligence would standardize the monetary compensation regardless of the dama ge. In my opinion, Medical malpractice tortRead MoreDefensive Medicine1354 Words   |  6 Pages Abstract Our Nation is currently engaged in a debate about the future of health care in America. Health care reform has several platforms to be addressed in order for it to be successfully implemented. Tort reform, being one of those platforms, is proposed as one solution to the rapidly increasing health care cost in the United States. Careful reform of medical malpractice laws can lower administrative costs and health spending. This will also lead to improved patient safety and steer physiciansRead MoreMedical Malpractice Conditions in Ohio1502 Words   |  6 Pagesï » ¿Medical Malpractice Statutes and Procedures in Ohio and Michigan Today Introduction Across the country, there are calls for medical malpractice tort reform based on the perception of frivolous lawsuits by patients with patients without valid claims and less-than-scrupulous lawyers are willing to prosecute them. On the one hand, the fact that some plaintiffs have received enormous settlements as a result of their medical malpractice lawsuits further fuels the debate that tort reform is neededRead MoreEssay on Health Care and Tort Reform1583 Words   |  7 PagesRising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the costs of health care by reducing the risk of civil litigationRead MoreReform Malpractice Laws to Create True Healthcare Reform Introduction1610 Words   |  7 Pagesenough has been done to defend against being sued for malpractice. On the other side is the patient with a need for someone to blame for his or her condition and seeing the doctor as the sole reason for any injured state. This division between doctor and patient has led to a practice called defensive medicine and it has also created a healthcare system riddled with inefficiency and in need of an overhaul. There is talk of healthcare reform and how it is important to control costs to the patientRead MoreA Brief Note On Torts And Consumer Protection1322 Words   |  6 PagesTorts and Consumer Protection We have all heard about different malpractice cases whether on line, in the news or personal experiences. Throughout the years, many medical procedures have been changed due to new technology and doctors have been tasked with learning new procedures; and following these procedures that are set forth based on the equipment. Unfortunately for some doctors, patients have been killed, limbs removed in error amongst other medical conditions that are irreversible becauseRead MoreThe Medical Malpractice Liability System1515 Words   |  7 PagesA tort action is brought about through provisions of private law and asserts that one party has experienced harm from the actions of another party and that the injured person seeks compensation for the harm (Pozgar Santucci, 2009). Tort reforms are connected to shifts in medical malpractice law since the 1980’s when moves were made to change from court-decided Common Law to incorporation of statutes from many state legislatures (Waters, Bu detti, Claxton, Lundy, 2007). This paper will discussRead MoreThe Issue Of Tort Reform1230 Words   |  5 PagesTort reform is a term propagated by companies in the tobacco and asbestos industries vulnerable to legal actions seeking damages for the impacts to their products. Advocates use the terminology to limit the ability and potential damages available to individuals who take legal actions against companies. In 2002, the consumer advocacy organization Center for Justice and Democracy investigated the U.S. tort reform and saw that the rally was actually a massive national PR effort initiated by theRead MoreHot Coffee, By Susan Saladoff1525 Words   |  7 Pagesdocumentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort reform on the United States judicial system. The title and the basis of the film is derived from the Liebeck v. McDonald’s restaurants lawsuit where Liebeck had burned herself after spilling hot coffee purchased from McDonald’s into her lap. The film features four different suits that may involve the tort reform. This film included many comments from politicians and celebrities about the case. There