The Importance Of Tort Laws In Healthcare

One of the most critical factors which contribute to the number of preventable cases of healthcare harm is the culture of silence surrounding these cases. The fear of medical providers to report incidences is related to the possibility of punishment and liability due to a medical error (Discovery, 2010). The criminalization of some acts of medical error has resulted in job dismissal, criminal charges and jail time for some healthcare workers. This is despite the fact that the system they are working in helped to create the situation which led to the error in the first place. Human error, due to fatigue and system errors can result in deadly consequences, but by criminalizing the error it effectively shuts down the ability to correct the root problem. Healthcare workers, working at all levels within the medical system, can provide valuable input on how to improve the processes and prevent harm from occurring (Discovery, 2010).

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

The main objective of healthcare professionals is to provide the best quality of patient care and the highest level of patient safety. To achieve that objective, there are many organizations that help improve the quality of care. One of the best examples is the Joint Commission. Unfortunately, the healthcare system is not free from total risks. In healthcare activities, there are possible errors, mistakes, near miss and adverse events. All of those negative events are preventable. But, it is clear that errors caused in healthcare result in thousands of deaths in the United States.

Who is at fault? How much should I get? How long do I have to cerebrate about it? These are the three sizable questions when it comes to tort reform. This is one of the sultriest legal topics bypassing the country because not only does it affect the victim, it withal effects the incriminated and the rest of the taxpayers. First, if there is no tort reform the United States will perpetuate on its lawsuit blissful path causing insurance rates and costs to perpetuate to skyrocket. On the other hand, if there is an inordinate amount of reform, victims will be left behind and their rights lost. Lastly, I would relish to do more research on what precisely needs to be transmuted to make the legislation fair for all parties involved. In Conclusion,

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.

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.

Healthcare providers should not be exempt from allegations of committing intentional torts. “The classic intentional tort in medical practice is forcing unwanted medical care on a patient ("Intentional Torts," n.d.).” Intentional torts can meet the requirements for civil and criminal action due to the nature in which the act was accomplished, and its qualified deliberate intent. To successfully sue another person for an intentional tort, intent, acting, and actual cause all have to be present (Legal Dictionary, n.d.).

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

Tort reform has intense arguments to both sides and creates a myriad of concerns. On one side of the tort reform movement, defendants such as corporations and medical professionals want limits on the damages awarded to the plaintiff. The benefit of tort reform for defendant is the financial savings. However, a cap placed on medical malpractice cases and other cases that are of negligence would standardize the monetary compensation regardless of the damage. In my opinion, Medical malpractice tort reform is a gray area, for each breach of the standard of care involves a different story and person, therefore the damages vary and should be evaluated fairly. In this essay, both sides of the argument are discussed, with a focus on medical malpractice tort reform.

Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from 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 (“What”). However, the real factor at hand 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

They need to know the fundamental lawful and moral doctrines that will manipulate the hospital atmosphere; the lawful affiliation of the patient and the health organization (Niles, 2014). The demands of the health care administrator include “The basics concepts of law, both civil and criminal healthcare law, tort reform, employment-related legislation, safety in the workplace, the legal relationship between the provider and the patient” (Niles, 2014, p. 285). Accreditation and Legal process put much demand on the health care administrator because the health care administrator needs to understand the translate law; criminal and civil and what it means in the workplace (Niles, 2014). When making decisions the health care administrator needs to work in compliance with mandates or else any violation could result in a lawsuit or loss of accreditation (Niles, 2014). When it comes to the Joint

Healthcare risk management ( HRM) began in The late 1970s, when hospitals are facing a malpractice crisis (Kavaler & Alexander, 2014). According to Kavaler and Alexander (2014), it is estimated more than 140,000 Americans die from medical errors and the cost ranges between $17 billion and $29 billion each year in the United States (Kavaler & Alexander, 2014). In this essay, the student will explain a healthcare risk management program, evaluate the program for compliance with the American Society for Healthcare Risk Management (ASHRM), and Examine the administrative process of management the risk program.

In today's modern world with plenty of technology, it is hard to believe that we cannot figure out how to reduce Medical errors. The issue of medical error is not new in health care organizations. It has been in spot light since 1990's, when government did research on sudden increase in number of death in the hospitals. According to Lester, H., & Tritter, J. (2001), "Medical error is an actual or potential serious lapse in the standard of care provided to a patient, or harm caused to a patient through the performance of a health service or health care professional." Medical errors

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own

There are many different variations of healthcare professionals that assist people in regaining and maintaining a healthy lifestyle. The career field of licensed nursing is often considered to be one of the most vital professions within the medical community. Registered nurses work to prevent and heal various different types of injuries, diseases, and illnesses. They are also responsible for administering a variety of patient services, consisting of individual patient care, analyzing and monitoring patient medical reports, and also possessing the ability to operate technical medical equipment. As well as, be able provide comfort and emotional support for both physically, and mentally ill patients. All Registered Nurses are responsible for providing patients with quality health care, in compliance with professional standards set forth by the American Nurses Association. As the field continues to rapidly evolve, an increase in responsibility is placed upon registered nurses to maintain a professional standard of care. With the increase in responsibility, the role of registered nurses consistently changes to accommodate individual patient needs. As a result, the rise in responsibility placed on registered nurses correlates to a higher probability of malpractice and negligence occurring within the community. The consequences of malpractice and negligence can