Medical Malpractice and Tort Reform

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xcym87

Business Finance

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Medical malpractice is one area where tort reform is argued most heavily. Some concerns are that caps on damages might result in costs that ultimately fall on the taxpayer; other concerns are the increase in medical expenses for tests ordered before diagnosis by physicians hoping to eliminate a future claim of medical malpractice.

First, research medical malpractice for an understanding of the elements of this cause of action. Then, read the following two articles and answer the questions posed.

Kenney, K. (2009, Aug. 9). Fixing health care reform requires tort reform. Retrieved from http://www.npr.org/sections/money/2009/08/fixing_health_care_requires_to.html

Doroshow, J. (2009, Nov. 9). Medical malpractice tort reform-we are already suffering and don’t need more. Retrieved from http://www.huffingtonpost.com/joanne-doroshow/medical-malpractice-tort_b_350573.html

  1. What must the plaintiff prove to prevail in a claim of medical malpractice? Clearly define this legal doctrine, including the element of this cause of action. How does medical malpractice differ from a standard negligence claim?
  2. What defenses, if any, exist for a claim of medical malpractice?
  3. Evaluate arguments for and against tort reform in the area of medical malpractice. You are encouraged to illustrate your arguments by using real case examples, either researched or from the material provided.
  4. Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented.

As a helpful explanation, in the area of torts we see many causes of action that are comprised of “elements.” For instance, if we discuss a situation involving negligence, we would define negligence stating, “Negligence occurs when a person’s conduct falls below the standard of care, resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing. The elements of negligence are 1) duty; 2) breach; 3) causation; and 4) damages.” Then, each element would be analyzed, determining whether each one was met. It is imperative that each element of a tort claim is met for the plaintiff to prevail in a suit.

Your paper should be 2-3 pages in length, not including the title or reference page. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the CSU-Global Guide to Writing and APA Requirements. Please be sure to reach out to your instructor early in the week if you have difficulty with this topic.

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Explanation & Answer

Attached.

Running Head: MEDICAL MALPRACTICE, NEGLIGENCE AND TORT REFORMS

Medical Malpractice and Negligence
Student’s Name
Instructor
Institutional Affiliation
Date

1

MEDICAL MALPRACTICE, NEGLIGENCE AND TORT REFORMS

2

Medical malpractice occurs when a medical professional omits or deviates from the
standardized methods of care giving in the handling of a patient, resulting in the patient being
harmed (Weiler, 1993). In such situations, negligence may include a misdiagnosis and bad illness
management or treatment. On the off chance that such carelessness brings about harm to a
patient, the affected patient has every right to file a case against the doctor in question, especially
if his or her actions deviated from generally accepted standards of practice (Weiler, 1993).
Patients’ rights to pursue compensation in case of injuries caused by malpractices are
protected by medical malpractice laws (Jenkins& Schweinfurth, 1978). Such suits have however
proven complex and costly to win in the past. Theoretically, seeking reimbursement for any
injuries or inconveniences caused by such carelessness is a possibility, but time and money are
often the top antagonists when it comes to successfully filing a suit against such medical
malpractices (Jenkins& Schweinfurth, 1978).
In order to determine medical negligence, the affected patient must prove;


The existence of an obligation owed by the medical practitioner to the offended patient



Injury to the patient



The healthcare professional’s deliberate deviation from the accepted standard of care
The most important aspect of a medical malpractice action is determining the standard of

care that should be applied to the medical practitioner (Weiler, 1993). In spite of the fact that
blunders in judgment may bring about harm to a patient, not all medical errors can be considered
as negligence (Jenkins& Schweinfurth, 1978). In order to correctly determine whether an act can
be considered as negligence or not, the offended patient must present expert testimony about the
suitable standar...


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