The Pros And Cons Of Lawsuits In Healthcare

From the moment they began their journey at Harvard Medical School, their entire life became medicine and medical related topics. Constantly studying for school, exams, board tests, and for their future, stress was no stranger. “Stress refers to physical and psychological responses to overwhelming stimuli… Burnout is actually a combination of factors” (page 115, DePru). Stress leads to burnout, and many medical professionals face both roadblocks in their careers. In Doctors’ Diaries the students stress did not subside when the graduated, it only increased. Once they were placed in their intern positions, adjusting to their new jobs brought on more stress than some could handle. The doctors had to learn to be modify their lives and their expectations in order to stay on top. In example, Jane learns to be a positive influence for her patient’s in her inner-city hospital for she fears that she might be the only flicker of light they see for awhile. Jay Bonner and Tom Tater display the greatest burnout and stress. Tom cannot seem to find his place within the hospital and even doubts his own abilities. Tom is a hard worker and he is more driven than his peers. When Tom is fired from his ER job, he realizes how burnt out he is with the system, not the

According to Attorney.com, Ohio malpractice law defines medical malpractice as when a medical professional, such as a doctor or a nurse, or a medical institution, such as a hospital, injures a patient during the course of a treatment. Furthermore, for this injury to be able to be considered medical malpractice, the doctor's actions must represent a breach, or violation, of the standard of care. A standard of care is defined as the generally accepted practices and procedures that all medical professionals in the area would administer for a patient suffering from a particular ailment. This standard of care varies depending on a number of factors, including the patient's general health as well as his or her age.

The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.

The Patient Protection and Affordable Care Act (PPACA), also referred to as the "Affordable Care Act" or "ACA" or "Obama Care") is the major health care reform bill passed into law on March 23, 2010. The debates surrounding the PPACA have been volatile at times, and continue to be the most intense public examinations of any piece of legislation in our recent history. The affordable Care Act (Obamacare) is ripe for repeal. For the American public, there are ample reasons for dissatisfaction: higher costs; arbitrary and sometimes absurd rule-making; bureaucratization of an already overly bureaucratized sector of the economy; incompatibility with personal freedom and religious liberty; enormous spending and heavy taxation; and widely acknowledged design flaws, evident in the ACA’s hopelessly complex and unworkable subsidy schemes, boondoggle bailouts, and collapsing co-ops. Nonetheless, other ACA legal challenges were still facing the healthcare law. In December 2015, the Association of American Physicians and Surgeons (AAPS) submitted an amicus brief to the Supreme Court arguing against the constitutionality of the employer insurance mandate within the Affordable Care Act. The law contains a number of experiments designed to drive down health costs, such as Accountable Care Organizations. The whole idea is to move the system away from paying for volume and toward paying for value. We still don't know whether that will happen. But it's fair to say that reducing the cost of health care will make it easier to expand coverage. The nation’s gains in health care coverage and delivery system design over the last several years have made measurable differences in the lives of millions of Americans. There are many ways to achieve a high-performing health system. But it’s critical that the nation remain committed to this goal.

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

When faced with a tough, and timed emergency situation, there are many directions a heath care provider can go in from there. They can freeze, act improperly, or not quick enough, but some will also act professionally and correctly perhaps saving a patient's life. What determines the direction a health care provider will take is their experience. From knowledge to observation, a medical professional can learn the most efficient ways to work. But one way in particular, past medical experiences and the patient, provider relationship, can influence the decisions a health care provider will make. This can be demonstrated by both Atul Gawande, author of Complications: A Surgeon’s Note on an Imperfect Science, and within Courtney Davis’s The

“Hospitals are not only required to care for emergency patients, but they also are required to do so in a timely fashion” (Pozgar, 2010, p. 272). “Hospitals are expected to notify specialty on-call physicians when their particular skills are required in the emergency department. An on-call physician who fails to respond to a request to attend a patient can be liable for injuries suffered by the patient because of his or her failure to respond” (Pozgar, 2010, p. 271). Under the doctrine of Respondeat Superior, hospitals are also liable for the actions of physicians working or on-call in their emergency department.

Before the conclusion, already told about what kind of disadvantages in the Patient Protection and Affordable Care Act, how to influence people and health insurance companies, we knew about the Patient Protection and Affordable Care Act had disadvantage which costs were rising up, and in the Congressional Budget Office estimate, the tax would rise up. For health insurance companies, because they needed to face the Market uncertainty which came from the Patient Protection and Affordable Care Act, and it caused the health insurance companies profit was reduced. For people, exceeding the number of people who joined the Patient Protection and Affordable Care Act caused the quality of healthcare were reduced, and the problems which the health insurance

Doctor burnout refers to the doctors, mental and physical health status. According to an article from U.S. news, “A primary care physician may see 20 to 25 patients a day up to five days a week, or more. Many patients need prescriptions or procedures that require scheduling and a health plan's approval – time-consuming, mind-numbing tasks. And while some of these duties can be delegated to others, many administrative chores require a doctor's approval.Physicians still spend hours on the phone waiting for an insurance company to pre-authorize something, which is insanity. It's a huge issue," Greenawald says. When you’re seeing these many patients each day for their work week, it surely will take a lot out of them. Then not only it can be difficult and time consuming task, it’s very stressful. There is no time for slacking for these doctors, because the moment they do a lot of things can go wrong for i.e., a doctor might get two patients prescriptions mixed up and have deadly outcomes, getting insurance forms mixed and the patient paying unnecessary

A study was carried out to assess the required knowledge, skills and competencies to deal medical emergency incidents successfully. Study finding showed that there is superficial knowledge on medical emergencies, drug and equipments among health professionals working emergency unit (McGaghie.et al, 2010).

“Should the government provide insurance for high-risk individuals with preexisting conditions whether it those conditions are based on genetics or lifestyle?”

Thus, emergency physicians cannot rely on earned trust or on prior knowledge of the patient's condition, values, or wishes regarding medical treatment. The patient's willingness to seek emergency care and to trust the physician is based on institutional and professional assurances rather than on an established personal relationship. Fourth, emergency physicians practice in an institutional setting, the hospital emergency department, and in close working relationships with other physicians, nurses, emergency medical technicians, and other health care professionals. Thus, emergency physicians must understand and respect institutional regulations and inter-professional norms of conduct. Fifth, in the United States, emergency physicians have been given a unique social role and responsibility to act as health care providers of last resort for many patients who have no other feasible access to care. Sixth, emergency physicians have a societal duty to render emergency aid outside their normal health care setting when such intervention may save life or limb. Finally, by virtue of their broad expertise and training, emergency physicians are expected to be a resource for the community in pre-hospital care, disaster management, toxicology, cardiopulmonary resuscitation, public health, injury control, and related areas. All of these special circumstances shape the

Medical emergency is “a serious and unexpected situation involving illness or injury and requiring immediate action” (Oxford dictionary, 2016). This definition sheds light on the gravity of this state and the need for one to make split-second decisions in a bid to salvage the circumstance. Emergency care settings has one of the highest rate of errors in medical practice which is due to the complexities associated with diagnosis and the time pressure involved in managing critically sick patients (Bucknall, 2010). Spur of the moment decisions may be prone to error which may be due to limitations in the human cognitive process (Reason 1990). Humans are said to be unreliable and prone to errors (Woods et al., 2010), making errors common occurrence

One implication of the medical malpractice crisis is that specialists in high risk fields are considering and/or leaving their practice which is drastically affecting the quality of patient care; treatment for patients who need specialists is declining rapidity (Cline & Pepine). Insurance rates are so high that many doctor’s either can’t afford it and/or do not think it is worth staying in the practice. Patients are often forced to travel long distance for a specialist; waiting long hours at an overcrowded doctor’s office with less efficiency in the quality of medical care (Cline & Pepine).