Healthcare Delivery System: A Case Study

Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.

The scenarios below provide several examples of torts to include negligence, unintentional torts, intentional torts, assault, battery, etc. Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party (Cornell, 2010).

Torts are classified as civil wrongs that are caused by a parties intentional or unintentional harm. Tort law is design to compensate the innocent party or force the guilty party to start or stop doing something.

Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally

The first legal concepts we will cover are Torts. By definition a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Now when dealing with torts the first question that needs to be answer is a question of liability. There are: intentional liability, negligence liability, and strict

as defensive medicine practice, new technology, malpractice lawsuit and the uninsured. New technology is the biggest factor of the rising cost of healthcare to treated patient of their illness. New technologies have seemed to be the driving force of high healthcare cost in America. The technology accounts for 38 to 65 percent of healthcare spending in America (Johnson, 2011). The annual spending of health care increased from 75 billion in 1970 to 2.0 trillion in 2005 and is estimated to reach 4.0 trillion in 2015 (Kaiser Foundation, 2013). U.S. citizens spent 5,267 per capita for health care in 2002- 53 percent more than any other country” (2005). “America spent 5267 per capita and in Switzerland they spent 3074 per capita” about 1821 cheaper than ours (Starfield, B 2010). Controlling the technology isn’t easy thing to do because of technology prices are set by manufacturing and the installer of the new medical equipment’s. However, there other way

One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non-economical awards. Tort reform is the response; a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public

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.

In the past, managed care in the United States took the form of voluntary programs. Such programs date from about 1850, when managed care was provided chiefly by cooperative mutual benefit and fraternal beneficiary associations. Limited coverage by commercial companies was also introduced during that period, and subsequently many plans were established by industries and labor unions.

In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and

Medical malpractice, the negligence of a health professional in diagnosing, treating, and or caring for a patient, is a specific tort law under the negligence torts. In the medical field, the tort reform has affected many people including doctors, lawyers, insurance company owners and workers, patients, and including other citizens. While large corporations, doctors, and other defendants are benefitting from caps on damages, that is limiting the amount of money that can be granted in court, plaintiffs, lawyers, and citizens are affected differently. Doctor Sage stated in an interview that he has, “never felt that caps on damages had a major effect on patients one way or the other” (“Could Malpractice”). This remark makes those injured question about

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

There are many different departments and programs that are run by the state of Illinois that are potentially related to long-term care and thus should be involved in the integration effort. The first program is Long-term Ombudsman Program which is a resident-directed advocacy program that protects and improves the quality of the individual’s life in various long-term care settings.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

In this paper there will be a brief discussion of three forces that have affected the development of the U.S healthcare system. It will observe whether or not these forces will continue to have an effect on the U.S healthcare system over the next decade. This paper will also include an additional force, which may be lead to believe to have an impact on the health care system of the nation. And lastly this paper will evaluate the importance of technology in healthcare.