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The malpractice mess summary
Topics on medical malpractice
The malpractice mess summary
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A service used to protect individuals harmed by the unforgivable actions of a doctor has turned into a moneymaking scheme. Medical malpractice has been in the United States since 1794 and has since become a multibillion-dollar industry. Since the start of malpractice insurance, the cost of premiums that the companies charge has increased, causing the cost of medical procedures to subsequently increase. By capping monetary compensation for different injuries, this multibillion-dollar industry will run smoother and allow doctors to provide cheaper health services. Medical malpractice is an essential check in the medical field, but currently is doing more harm than good. Limiting medical malpractice payouts will lower the costs of premiums while keeping the vital program intact.
Capping medical malpractice seems counterintuitive because the program is in place to compensate victims of negligence, but capping monetary damages are a necessity to reduce the cost of health care. Medical malpractice torts are a way for victims of a doctor’s negligence to collect damages from the doctors. This system is necessary to the success of the medical field, but the payouts have become too high. In several states, there have been caps placed on malpractice payouts and impressive results have come into public view: “Twenty-eight states have laws that limit payments in malpractice cases, and several studies indicate that these laws reduce the frequency and severity of malpractice claims and lower premiums” (Hellinger). These twenty-eight states have seen lower insurance rates because doctors are not paying as much money in medical malpractice insurance rates as they had been. In California there is a cap of $250,000 on noneconomic damages, which ha...
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...al malpractice suits before too many competent doctors retire and leave the “high” risk patients out to dry.
Works Cited
CBO. Limiting Tort Liability for Medical Malpractice. Washington, D.C.: United States Congressional Budget Office, 2004. Print.
CMA. "CMA - California Medical Association." MICRA. Web. 18 May 2014.
Fitzgerald, Sandy. "Harry Reid: Obamacare 'Costs Me About $4,500 More'" Newsmax. 06 Dec. 2013. Web. 18 May 2014.
Hellinger, Fred J., and William E. Encinosa. "The Impact of State Laws Limiting Malpractice Damage Awards on Health Care Expenditures." NCBI. Web. 18 May 2014.
Manner, Paul A. "Practicing Defensive Medicine—Not Good for Patients or Physicians." Practicing Defensive Medicine—Not Good for Patients or Physicians. Web. 18 May 2014.
The Associated Press. "Limiting Malpractice Lawsuits Can save Big." Msnbc.com. 09 Oct. 2009. Web. 21 May 2014.
Explain the issue or dilemma using information from the readings in the book and other sources.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
Miller, H. D. (2009). From volume to value: better ways to pay for health care. Health Affairs
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
Ghosh, C. (2013). Affordable Care Act: Strategies to Tame the Future. Physician Executive, 39(6), 68-70.
Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
Sahadi, Jeanne. "Health reform's tax bite." CNN Money. 30 Mar. 2012. Web. 7 Dec. 2013.
In the documentary, Money and Medicine (2012), we learned that America is facing a health care crisis because over-diagnosis and over treatments (PBS 2012). This turns
Given the difficulties in the present tort system, we often become victims of the failures of medicine as opposed to beneficiaries of its many successes. Physicians have lost in that they have changed, limited, or closed their practices after having spent the most vigorous years of their lives training for such work. Patients have lost in that the physicians of their choice, with whom they have developed trusting relationships, are no longer available to care for them. It is certain that the system requires sensible reform (p.525).
Thirty-nine states have already enacted statutory ceilings on pain and suffering awards, which may be recovered from public entities. Thirty-seven of these states cap economic damages in addition to the capping of pain and suffering damages. Two states limit pain and suffering damages regardless of whether the defendant is public or private. Two other states do not permit a pain and suffering recovery at all unless the claimant has suffered permanent loss of a bodily function, dismemberment or disfigurement; and satisfies a medical expense threshold. New York urgently needs to follow suit, because it is a sitting duck for frivolous tort litigation.
Rising medical costs are a worldwide problem, but nowhere are they higher than in the U.S. Although Americans with good health insurance coverage may get the best medical treatment in the world, the health of the average American, as measured by life expectancy and infant mortality, is below the average of other major industrial countries. Inefficiency, fraud and the expense of malpractice suits are often blamed for high U.S. costs, but the major reason is overinvestment in technology and personnel.
McDonough, John E., and Eli Y. Adashi. "Realizing the Promise of the Affordable Care Act--January 1, 2014." JAMA: The Journal Of The American Medical Association 311.6 (2014): 569-70. Print.
Lee, M. J. (2013). The patient protection and affordable care act: Better coverage, worse access. Will it really improve patient safety? The association of Bone and Joint Surgeon. Doi 10.1007/s11999-013-3315-x
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.
Health care fraud cases continue to be problematic for health care systems and providers across the United States. According to Pozgar (2012), these cases not only pose financial burdens on the accused, but may also lead to unnecessary risks to patients. A violation against the Federal False Claims Act, 31 U.S.C. §§ 3729-33, is one example of health care fraud that often enters into a settlement agreement. It is important to mention violations against the Federal False Claims Act, 31 U.S.C. §§ 3729-33, often allude to physician kickbacks as well (a violation against the Anti-Kickback Statute).