Health Care Tort System

Even if the doctor was not aware of this risk and did not strive to educate himself about the possible complications given the patient's fragile conditions, he should still have not assured her that there was "nothing to worry about," given that all surgical procedures entail some risk, including the risk of infection. And while no physician can keep current with every development in the field of medicine, there is some basic, minimum demand for professional education. To prevent future liability risks, physicians should be instructed on how to use language in expressing risk to the patient and be careful to avoid colloquialisms that could mislead them such as "there is nothing to worry about" and "you'll be fine." Physicians must also more carefully

The front office staff should review paperwork making sure all required information is filled out (clearly written and legible) Most importantly the Patient Agreement is signed by the patient. It provides added assurance of payment when a claim settles and additional legal leverage should it become necessary.

Spearheading from the last question, the regulatory categories pertain to this as well. The provider is responsible for putting the patient’s welfare above anything else, and system-wide rules should

In 2003, as an outcome of all the sentinel events reported to the Joint commission lead to the creation of the “The Universal protocol for preventing wrong site, wrong procedures, and wrong person surgery” (Mulloy & Hughes 2008). So, one of the ways that could have potentially prevented the situation from happening at the first place was implementing the universal protocol procedure. According to the protocol the conduction of proper pre as well as post-operating procedures are extremely mandatory. Therefore, by enforcing a standardized routine pre-operating procedure such as verifying the patient as well as the correct site for the procedure, by having the medical staff or preferably the physician marking the operating site with his or her initials before the surgery will be an effective preventive measure (Mulloy & Hughes 2008).

4.) double check you have the correct patient by having them say their name ,date of birth and possibly other basic information to prevent reveal of private health information

Since about the mid-late 1980’s many states have implemented and enforced statutes to limit tort lawsuits. Tort reform is the political term for redefining tort laws and reducing tort litigation, damages, compensation, and even amounts awarded (Quinn). The reformation of the nation’s tort system, or changing laws throughout a state dealing with injuries to a person or their property have done a lot more harm than good for consumers. While each tort reform law varies depending on the state, they all have one of the following goals in mind: “(1) to make it more difficult for injured people to file a lawsuit, (2) to make it more difficult for injured people to obtain a jury trial, (3) to place limits on the amount of money injured people receive in a lawsuit (Lane).”

Protocols and guidelines come from a wide variety of sources. Over time, guidelines have become a part of Health and social care settings. Decisions made at the bedside, rules of operations at hospitals, and health spending by insurers and governments are being influenced by protocols and guidelines. When a service user is using

This can include cases of perceived “pain-seeking” patients or “frequent flyers”. It can be difficult to treat those we see as trying to “use the system” for pure personal gain equally to those we may see as “truly ill”. It is important to remember to treat everyone in the same manner. Another important provision is provision 3. This provision states, “The nurse promotes, advocates for, and strives to protect the health, safety, and rights of the patient.” This means that nurses must always do everything thinking of the patient’s best interest first. This includes making sure they are fully informed before signing any consents for procedures and questioning any orders that may seem inappropriate for said patient. It is the nurse’s job to be the patient’s advocate and to always provide a safe environment for the patient.

District 125 argues that they are immune from liability pursuant to 3-106 of the tort immunity act. Section 3-106 of the Tort Immunity Act provides immunity to recreational facilities where the basis of liability is based upon the existence of a condition of any public property intended or permitted to be used for recreational purposes. 745 ILCS 10/3-106 (emphasis added). However, Illinois courts have created exceptions to this rule. In Rexford v. City of Springfield, 207 Ill. 2d 33 (2003), the Court concluded that a school is a multiuse facility and the parking lot was substantially connected to the entire school and only incidentally to the gym. In the case at bar, parking lot D, where the accident occurred, is attached to the East building

TORTS laws offer compensation to individuals harmed by the unreasonable actions of others. TORTS claims are based on the legal premise that a person(s) is liable for the consequences of their conduct if it results in injury to others. In education-related cases, the most common TORT is negligence. Recently, several cases have occurred whereby negligence and bullying are interconnected with students suing their schools for failing to enforce anti-bullying policies and causing injury to their well being. A current case includes Maya Williams suing her former high school for negligence in regards to the enforcement of their anti-bullying policy. By looking into a precedent case, elements of negligence, and how bullying affects a student, we

Tort reform refers to laws passed on a state-by-state basis that basically places limits or caps on the type or amount of damages that can be awarded in personal injury lawsuits. Personally, I definitely agree that tort reform should be passed into law for every state because sometimes the damages that are awarded in lawsuits are too excessive. Moreover, tort reform still allows for the plaintiff to recover damages just not at an excessive and unreasonable amount of damages.

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.

A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.

Compliance with accepted principles has been sufficiently suboptimal that some have recommended rigid policies be established to en- sure compliance by hospitals [8](Fry, 2011)

Doctors take extreme safety measures so that it’s unlikely your treatment will turn out negative. For example, your doctor will give you detailed instructions, following a treatment.