The medical malpractice and tort system makes up one of the major legal issues encountered by hospitals and health systems. Showalter (2012) states that with the decline of charitable immunity in the 1970s, healthcare was one of the areas impacted by personal injury law and was held liable for negligent acts. Today, malpractice continues to be a significant problem. Malpractice lawsuits are considered when negligence in medical treatment provided by a physician, surgeon, other health professional, or hospital results in injury. Most states require physicians to have liability insurance and hospitals and other healthcare facilities to purchase their own insurance and policies in order to cover the medical staff. The number of malpractice claims continues to rise; Klein (2002) reports that obstetrics, diagnosis errors, surgery, and medicine are the areas of highest liability. In the year 2011, there were over 9,497 paid claims. With the total number of dollars paid in claims averaging over $3,177,305.00 (Kaiser Family Foundation, n.d.). Medical liability premiums have also increased. According to Page and Fields (2011), AMA reported that medical liability premiums in the United States between 1976 and 2009 experienced a 950 percent increase. Malpractice lawsuits are a major expenditure for health organizations, especially hospitals, hence the importance of developing strategies to reduce the prevalence of negligent acts.
In response, numerous reform measures have been taken, with each attempt at reform, Showalter (201...
... middle of paper ...
...g the public image of health care organizations in the process.
Klein, C. A. (2002). Surveying the malpractice terrain. Nurse Practitioner, 27(11), 62. Retrieved from EBSCOhost.
Nelson, L. I., Morrisey, M. A., & Morrisey, D. J. (2011). Medical liability and health care reform. Health Matrix: Journal Of Law-Medicine, 21(2), 443-519. Retrieved from EBSCOhost.
Page, L., & Fields,R.(2011).13 Legal issues for hospitals and health systems. Retrieved from http://www.beckershospitalreview.com/hospital-management-administration/13-legal-issues-for-hospitals-and-health-systems.html
Showalter Stuart, J. (2012). The law of healthcare administration. (6th ed.). Chicago: Health Administration Press.
Kaiser Family Foundation. (2012). United States: Medical malpractice . Retrieved from http://www.statehealthfacts.org/profileind.jsp?cat=8&sub=102&rgn=1
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Rising 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 litigation and exposure to fraudulent claims (“What”).... [tags: Medical Malpractice Claims]
1567 words (4.5 pages)
- Medical Malpractice Litigation Issues: Is There A Solution. Healthcare law is constantly growing daily now more than ever before. We are seeing an increase in health policies with the Affordable Care Act, which in turn are calling for a great number of health lawyers to support, dictate, enforce, and control this new legislation. The rate that this is unfolding is exponential and is truly a growing aspect of our society today. Personally, this is my main interest and the opportunity and growth for law in the healthcare system is what drives me daily to keep me interested in all the new happenings and emerging issues.... [tags: healthcare law, affordable care act]
1904 words (5.4 pages)
- In today’s health care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals.... [tags: Medical Ethics ]
1260 words (3.6 pages)
- The concept that every person who enters into a learned profession undertakes to bring to the exercise of a reasonable degree of care and skill dates back to the laws of ancient Rome and England. Writings on medical responsibility can be traced back to 2030 BC when the Code of Hammurabi provided that “If the doctor has treated a gentlemen with a lancet of bronze and has caused the gentleman to die, or has opened an abscess of the eye for a gentleman with a bronze lancet, and has caused the loss of the gentleman’s eye, one shall cut off his hands.... [tags: Common law, Law, Medical malpractice, Tort]
1929 words (5.5 pages)
- “Mr. X, you’ve been diagnosed with…” These words are spoken in hospitals around the country every day and each time they are spoken, a line is drawn between doctor and patient. On one side is the doctor wondering if enough 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.... [tags: Healthcare, argumentative, persuasive]
1622 words (4.6 pages)
- 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.... [tags: Multi Billion Dollar Industry, Medical Malpractice]
1312 words (3.7 pages)
- Malpractice in healthcare A tort is generally defined as a civil wrong which causes an injury. “Medical 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” (Nordqvist). Meaning medical malpractice is a tort. The lack of media coverage on medical malpractice has made the public unaware of how stern this problem is becoming. It’s a serious issue that needs to be brought to light.... [tags: Physician, Medicine, Patient, Medical malpractice]
771 words (2.2 pages)
- Medical Malpractice and Its Effects According to the American Bar Association “Medical malpractice is defined as negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.” When people think of medical malpractice they only see how it impacts the victim or the person who is suing the doctor, but do they ever wonder how it affects the doctors and those who are in the medical field.... [tags: Physician, Medicine, Medical malpractice]
1061 words (3 pages)
- "Doctor, doctor, my body hurts wherever I touch it!” A young brunette exclaims. “Show me,” says the physician. The girl proceeds to poke multiple areas of her body and scream every time she does so. “Hmm,” the doctor remarks, “I think I ought to send you off to a specialist.” Wait a minute, that’s not how the joke goes, is it. Isn’t he supposed to say she’s a blonde with a broken finger. Well, in the future, the joke just might go like that. Lately, Americans and their physicians have been at odds.... [tags: Physician, Medicine, Medical malpractice, Patient]
1326 words (3.8 pages)
- Nurses will, sometime during their career, be faced with legal issues. Legal issues in nursing are important because nurses have the legal obligation to respond to the request for care (Muse, 2015). As nurses, we are expected to practice at a high professional standard with the best interest in our patients (Muse, 2015). Failure to exercise at a high level of care can lead to litigation and can result in the loss of a nursing license (Muse, 2015). In nursing, an example that can lead to litigation is malpractice.... [tags: Nursing, Medical malpractice, Registered nurse]
1547 words (4.4 pages)
- Hairspray: The Cost of Beauty Is Too High
- What are the Effects of Marriage and Religion on African Americans in Urban America?
- Assessing Crime Trends as a Security Specialist
- Article Analysis on Information Retrieval Systems
- A Psychoanalytical View of Crime and Punishment and American Psycho
- The 1950 North Korean Invasion