Medical Malpractice and Tort Systems Essay - 1109 Words

Health care organizations, particularly hospitals, currently face numerous legal issues, several of which will be examined in this paper. The first issue to be examined is medical malpractice and the tort system. 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.†¦show more content†¦In addition, according to Showalter (2012), physicians consider malpractice suits a substantial contributing factor to increasing health costs and defensive medicine. Furthermore, Nelson, Morrisey, and Morrisey (2011) re port that physicians emphasize the negative impact of malpractice lawsuits on their reputations, since judgments and settlements must be reported to the National Practitioner Data Bank. Like the malpractice and tort system, HIPAA and data breaches are an important legal issue that health organizations face. HIPAA was enacted in 1996 to ensure medical insurance portability and later, to improve standards for health information privacy and security (Showalter, 2012). As a result, it is currently extremely important that health organizations are in compliance with HIPAA regulations and ensure that patient records are protected; health organizations that fail to comply can face significant legal costs and penalties. In November 2010, Page and Fields (2011) report that six hospitals and a nursing home in California that failed to prevent unauthorized access to confidential patient information were levied a fine totaling $792,000 in November 2010. More recently, the General Hospital Corporation and Massachusetts General Physicians Organization, which represent Massachusetts General Hospital in Boston, had to pay theShow MoreRelatedDefensive Medicine1354 Words   |  6 P agesorder 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 physicians away from the costly practice of defensive medicine. Defensive Medicine Is It Costing Our Health Care System? As the debate continues on nationalRead MoreMedical 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 MoreMedical Malpractice And Tort Reform1533 Words   |  7 PagesMedical 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 andRead MoreReform Malpractice Laws to Create True Healthcare Reform Introduction1610 Words   |  7 Pagespatient. 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 w ith inefficiency and in need of an overhaul. There is talk of healthcare reform and how itRead 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, Budetti, Claxton, Lundy, 2007). This paper will discussRead MoreEssay on Health Care and Tort Reform1583 Words   |  7 Pagesfrom 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 (â€Å"What†). However, the real factor at ha nd and the real cause of the industry’s high costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuitsRead 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 Pagesa documentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort ref orm 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. ThereRead MoreCivil Court System Of America1497 Words   |  6 Pagesactions, he could be forced to cover the cost of any harms inflicted on others during the incident. Legal experts use the word tort to describe harms like these. The laws that govern how torts are handled in the court systems of America have been under severe attack in recent years. Many groups have successfully lobbied several state legislatures into making reforms to their tort laws. Unfortunately, even though many of these reforms are established with the best of intentions, legislators at times makeRead Mo reMedical Malpractice1719 Words   |  7 PagesMedical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a common calling which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients, therefore doctors used proper care and expert skill. In the past six centuries, medical malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the GIANT of all torts, negligence