Malpractice And Malpractice Of A Healthcare Organization

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EXECUTIVE SUMMARY This paper will be discussing tort as it relates to negligence and malpractice in a healthcare organization. It will try explain how negligence and malpractice drive up the cost of healthcare and how there has been a clamor tort reform, what would be the content of the reform and the expected outcome. Lastly the essay would prove to us that there is no indication since tort reform has been implemented, that points to a reduction in the cost of healthcare and the cost of running a healthcare organization in relation to paying high malpractice insurance. TORT Tort is a civil wrong for which a court of law provides remedy for a civil wrong that has been committed against an individual, Remedy could be sought for a personal loss, financial loss, and personal injury (Smith, 1993). “A tort is simply the Norman word for a wrong but torts have typically been distinguished from crimes and from wrongs identified with contractual relations. Tort law, then, is concerned with civil wrongs not arising from contracts” (White, 2003, p.xxiii).During the very early years of tort been introduced in to legal discourse and proceeding, tort was considered as a wrong that came by way or forceful damage or hurt. It was widely regarded both as a civil wrong and a criminal during those early years, civil wrongs can be classified as a wrong that involves no violence and also a wrong that involves an element of force and violence (Street, 1906). HISTORY OF MEDICAL MALPRACTICE
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