This website uses cookies to ensure you have the best experience. Learn more

Medical Malpractice Essay

528 words - 3 pages

National estimates of medical liability system costs—including settlements, legal and administrative costs and defensive medicine—range from $55.6 billion annually to $200 billion annually (NCSL, 2011). Medical malpractice reform, also known as tort reform, includes strategies to limit medical malpractice costs, deter medical errors, and ensure that patients who are injured by medical negligence are fairly compensated. Tort reform has the potential to reduce health care expenditures by reducing the number of malpractice claims, the average size of malpractice awards and tort liability system administrative costs. It also may lead to fewer instances of defensive medicine where physicians order tests and procedures not primarily to ensure the health of the patient but as a safeguard against possible medical malpractice liability (NCSL, 2011).
Medical malpractice reform proponents ...view middle of the document...

The Affordable Care Act authorizes states to explore alternatives to current tort litigation to resolve malpractice claims. However, the final version of the ACA provided that, in order for states to receive funding, the alternative “projects” could not limit attorney’s fees, or impose a cap on damages (Roberti, 2012). While President Obama informed Americans that he was against caps on damages, Members of Congress argued that prohibiting them would eliminate any possible savings within the health care system (Roberti, 2012). Physicians are also concerned. The American Medical Association drafted model legislation to shield providers from newly created malpractice claims resulting from the ACA. It would prevent malpractice claimants from using federal or state practice guidelines, quality measures, reimbursement criteria and the like to establish or define the standard of care without expert testimony. In Congress, a version of this model, H.R. 1473, was introduced in the House of Representatives in 2012, and again in April of 2013 (Van Tassel, 2013).


References
National Conference of State Legislatures. (2014). Medical Malpractice Reform - Health Cost Containment. Retrieved from www.ncsl.org/research/health/medical-malpractice-reform- health-cost-brief.aspx.
Roberti, R. (2012). The disappearing provision: medical liability reform vanishes from the patient protection and affordable care act despite state court split. Legislation and Policy Brief. 4,(3), 145-172.
Van Tassel, K. (2013). Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More Myth than Necessity? http://blogs.law.harvard.edu/billofhealth/2013/05/14/medical-malpractice-the- affordable-care-act-and-state-provider-shield-laws-more-myth-than-necessity/.

Other Papers Like Medical Malpractice

Medical Tourism Essay

995 words - 4 pages . Therefore, one could assume that the accredited hospitals in India will also have a high success rate with knee arthroplasty. Medical tourism has its benefits; however, the costs of practicing medical tourism are worth considering. For instance, there is a significant lack of regulation and protection against cases of malpractice. In order for a United States court to hear a malpractice case where the procedure was performed abroad, the

Ethics Case Study Hcs/335

1250 words - 5 pages Pharmacy (2010) goes on to say "The record should reflect that it is the physician's decision to allow for renewal of the prescription" (Nurses Authorizing Prescriptions and Signature Requirements, para.2) . This supports the claim that Mr. McCall's medical training does not qualify him to issue the requested prescription refill or any prescription without physician authorization. Medical Malpractice and Respondeat Superior The principles

Financial Effects of Patient Misdiagnosis

592 words - 3 pages claims for multiple departments. Whether the business is a nonprofit organization or a for profit organization, the impacts would still be the same. Giving out wrong diagnoses to patients lead to medical malpractice suits, affect the quality of care, increases the cost of care and affects Medicaid and Medicare. All of the above impacts can cause an organization to have a bad reputation and possibly lose their accessibility to Medicaid and Medicare

Medical Errors

799 words - 4 pages Running head: Legal and Ethical implication Touro International University Charmaine Williams BHS 499 Senior Capstone Project MODULE 3 Session Long Project Professor Dr. Mihaela Tanasescu, PH.D The complexity of managing medical errors has been rooted in the legal consequence of malpractice lawsuits. While only a few major medical errors result in malpractice suits, medical error prevention strategies are

Ethical Case Study

1003 words - 5 pages job duties as an LPN or medical assistant. If the event that the physician documented a need for a refill in the patient’s chart and Jerry called it in to the pharmacy, Jerry would be protected by the physician’s malpractice insurance. In this case, Jerry would be liable for his actions because he acted outside of the scope of his job duties. If the patient had an adverse reaction, he would be able to sue Jerry for acting outside the scope of

Fundamentals of Decision-Making

1035 words - 5 pages prudently and with care. Malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient. In the majority of cases, the medical malpractice or negligence involved a medical error, possibly in diagnosis, medication dosage, health management, treatment or aftercare (Dunn, 2010). Reference Dunn, R. T. 2010. Healthcare Management, (9th ed.), pp. 43-114 . Chicago, IL: Health Administration Press.

Ethical & Legal Aspects Of Nursing

1399 words - 6 pages the family and medical team to educate and assist them in making the most informed decisions of what is best for Marianne. When a nurse is called as a witness in a malpractice trial it is her legal obligation to uphold the law. She may be afraid to disperse information on the other nurse in fear of retaliation or rejection at her workplace, and considered a “tattletale,” and think she is breaking the trust with her facility. She may be worried

Professional, Ethical & Legal Issues in Nursing Practice

3788 words - 16 pages well-accepted and well-know published nursing and medical research findings (Tingle, 2002). Hence both nurses and doctors are negligence and malpractice their professionals then cause Mr Lim suffered brain damage. The tort of negligence means “a person suffered an injury to his or herself as a result of another’s act or omission, which fell below the expected standard of care” (Crisp & Taylor (2000), p- 427). “for someone to be found negligence

Communication Opinion

925 words - 4 pages . The reason for effective communication between both the patients, and the doctors can mean the difference between life and death. Without the proper communication skills, the patient could receive the wrong diagnosis from the physician. When the patients communicate the medical history, the doctor will make his or her proper diagnosis of the patient condition. Effective communication is a must in health care delivery when lives are at stake

Organizational Ethics

432 words - 2 pages liability include where there is split liability and where there is comparative negligence and liability. This can transfer the liability to other parties. Works Cited Reagan, J., & Reagan, W. (2002). Medical Malpractice and Respondeat Superior. Southern Medical Journal 95 (5). Waltz, J. R., & Inbau, F. E. (1971). Medical jurisprudence. New York, NY: Macmillan.

Healthcare Trends in National Market

1673 words - 7 pages regulates itself without the need for government intervention. As more physicians graduating or evolving in the field become more familiar with neurology to treat Alzheimer’s patients more will be understood about the disease and malpractice incidents will decline. Shirley Wang of The Wall Street Journal wrote an article in 2009 sharing new information relating to Alzheimer’s patients and death rates. Wang cites a study proclaiming that many

Related Essays

Medical Malpractice Essay

1322 words - 6 pages ------------------------------------------------- Medical Malpractice in Nursing Homes By: Molly Hix Medical malpractice occurs on a daily basis to innocent patients. Today, malpractice continues to increase in nursing homes due to the shortage of qualified staff. Malpractice is when a hospital or any type of healthcare happens through neglect to a patient. Neglect might occur when the diagnosis is wrong, treatment or even aftercare. The

Florida Supreme Court Tosses Medical Malpractice Caps

914 words - 4 pages Florida Supreme Court Tosses Medical Malpractice Caps Lenore LaBree HCS/430 March 17, 2014 Nancy Geedey Florida Supreme Court Tosses Medical Malpractice Caps Medical malpractice law suits are common within the United States. This paper will discuss this regulatory issue and the relationship it has to the nature, sources and functions of the law. The information in this paper will also educate the readers on the medical malpractice laws

Malpractice Legal And Regulatory Issues Essay

822 words - 4 pages case an incident occurs. Physicians follow a code that states do no harm but sometimes harm occurs due to their negligence to underlined issues. If underlined issues dealing with your diagnosis is not checked out then it can lead to further injuries and even death. Medical malpractice can cost a facility or hospital millions even billions of dollars each year. Medical malpractice not only will cost money but it can also hurt a hospital or facility

Prop 46 Essay

928 words - 4 pages purpose; money. If passed, it would quadruple the limit on medical malpractice awards in California and adversaries believe it will cost tax payers hundreds of millions of dollars each year. The State and local governments pay a substantial amount of health care and this will only increase the overall cost due to the fact that higher direct medical malpractice costs are generally passed along to purchasers of health care services, such as