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Medical Malpractice and Tort Reform.
This paper argues that tort reform would have precisely zero effect on the health insurance costs of Americans and would have very serious harmful effects on the lives of Americans who find it necessary to seek relief through a malpractice lawsuit.
1,935 words (approx. 7.7 pages), 6 sources, MLA, $ 61.95
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Abstract
This paper explains that tort reform, putting a cap on jury awards in malpractice suits, is exactly what the insurers want because, in addition to making a handsome profit on their medical malpractice lines as it stands, they would then have to pay out even less. The author points out that reducing consumer health insurance costs would be better served by a systematic effort to weed out bad doctors and prevent malpractice. The paper stresses that, even if there were a link between medical malpractice insurance costs and consumer health insurance costs, the culprit is the insurer itself because it is not allowed, by law, to raise rates in response to big payouts; insurers are allowed to raise rates when their projected investment income declines.
From the Paper
"The suggestive portion of the NAIC findings is this: although malpractice insurance premiums make up such a small portion of health-care costs, medical malpractice as a line of insurance demonstrated the highest profit as a percentage of premiums (Stewart, 21+), making it very lucrative for the insurance companies. Further, losses paid by those insurers in 1991 came to only about 31 cents of every $100 of health care costs; remember, malpractice premiums accounted for 64 cents per $100 spent, leaving 33 cents for the company out of each $100. While the amount spent on malpractice insurance by the consumer, trough his or her medical expenditures, is negligible, there are a lot of people spending $100 frequently, massing up piles of 33 cents for the insurers."
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Healthcare Industry and Medical Malpractice in the U.S., 2006.
Evaluates the current situation of medical malpractice and the crises in the healthcare industry in the United States.
5,460 words (approx. 21.8 pages), 23 sources, MLA, $ 133.95
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Abstract
The massive United States healthcare system plays an important place in society. Enormous amounts of money spent on health care, fail to a large degree in terms of healthiness or life expectancy. Medical malpractice aggravates this situation due to inflating costs. This paper analyzes how the legal system in the United States is putting pressure on the healthcare system, looks at ways that healthcare delivery has gotten more expensive and potentially more harmful or wary of risk. Tort reform is examined with the potential to help reduce medical costs, but does not seem to be a sufficient long-term goal. Finally, the paper explores the idea of medical courts or tribunals, specialized medical decision makers that could help to increase fair and reasonable judgments for medical malpractice claims.
Paper Outline:
The United States' Legal System is Killing Healthcare
The Impact of the Legal System on Healthcare in the United States
Tort Reform
Medical Courts and Medical Administrative Tribunals
Benefits of Medical Courts and/or Tribunals
From the Paper
"The United States legal system, at both the state and federal level, has never had the direct impact on an industry as it has on the U.S. health care industry. Currently, outside of very lax civil procedure rules, anyone can bring a medical malpractice claim and receive compensation without any factual findings made by a judge or jury. In other words, claimants may receive compensation from defendants without proving their allegations. Parties in medical liability lawsuits can hire so-called experts who routinely testify for the plaintiffs or defendants and skew their testimony towards the side who paid them to testify."
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Medical Malpractice from a Legal Perspective, 2006.
A discussion of the basic legal issues involved in medical malpractice.
2,831 words (approx. 11.3 pages), 8 sources, MLA, $ 84.95
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Abstract
This paper explains that medical malpractice only falls within the realms of negligence that occurs in the context of medical or health care, even though the basic legal issues involved in medical malpractice coincide with the legal elements that encompass common negligence. The paper further explains that there are four basic factors comprising medical malpractice that mirror those which define common negligence, but that there are additional requirements involved that expressly apply to negligence in a medical context. The paper then points out that, as a result of these additional requirements, medical malpractice cases also present many unique, complex and confusing issues that are exclusive to the medical profession. Next the paper elucidates on the issues, concluding that ultimately everything boils down to the question of which is more important;the rights of patients to expect quality treatment, or the obligation of physicians to provide it.
From the Paper
"Medical malpractice is commonly defined as negligence on the part of a physician, hospital or other health care professional that results in physical or emotional damage to that health care professional's patient. The negligent failure in medical malpractice cases can occur under many different circumstances. These include, but are not limited to: an unnecessary delay in, or the complete failure to diagnose a particular disease or ailment, a surgical error during an operative procedure, failure on the part of the physician to gain the informed consent of the patient to perform surgery, and/or a failure to properly treat an ailment once it has been diagnosed. Improper use of a medical device or implant can also be grounds for a medical malpractice suit (Robertson, 1985)."
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Are Medical Malpractice Laws Fair?, 2005.
A discussion of whether medical malpractice laws are fair or frivolous.
2,680 words (approx. 10.7 pages), 12 sources, MLA, $ 80.95
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Abstract
This paper examines different types of medical malpractice and questions the fairness of laws surrounding them. It addresses such cases as unnecessary surgery, medication errors, and errors in hospitals. The paper takes a look at the reasons why the US government is so concerned with the lawsuits regarding malpractice and the effects they have on the economy, the medical profession, and the duty of medical malpractice lawyers. The paper discusses conflicting views regarding the victims and the rights they have to receive compensation, versus the abuse of such laws in frivolous law suits. Reform concerns and regulation action are being addressed by the government, however results are slow to come. The paper argues that it is important to try to understand the victims involved, both doctors and patients, and rule on case-by-case basis. It concludes that learning to recognize the fair from the frivolous and continually reviewing ethical standards for medical professionals is one way to fight malicious malpractice myths.
From the Paper
"Another area of medical malpractice to consider is that of Medication malpractice. In 2004 Vioxx became the latest drug to be taken of the market due to its side effects. Vioxx has been reported to cause "blood clots, heart attacks, and strokes" (adrugrecall.com). Such lawsuits that are taken on to recover damages suffered by taking prescription drugs fall under "product liability". In most cases the manufacturer "knew the drug would cause harm" yet pushed for FDA approval despite the highly abnormal side affects (adrugrecall.com). Another example would be that of the drug Fen Phen. This example shows us the drug companies opt for making settlements rather than to sacrifice the name of their company and reputation. Fen Phen was a diet drug that was linked to cause heart valve problems. Like a gold rush in California, people rushed to claim their "pot of gold" and jump on the Fen Phen, I'm a victim bandwagon. While working in a law firm I was trained to ask people while doing an initial consultation on the phone, if their disability claims could have resulted from such diet drugs taken. If so, we would sign'em up and proceeded to make a claim in the winnings for them. At the end of the statute of limitations, we were rushing to file paperwork to ensure we met the deadline for what I called the "late bloomers". The general public get outraged when they find out a medication they were given by a professional could potentially kill them, yet with most medicines we take, there are always some risk involved."
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Effects of Medical Malpractice Claims, 2006.
This purpose of this paper is to investigate the effects of medical malpractice claims on the delivery and quality of patient healthcare.
734 words (approx. 2.9 pages), 8 sources, MLA, $ 26.95
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Abstract
This paper, presented as a research proposal, explores several topics relating to medical malpractice claims including whether or not increased claims result in decreased quality care. This paper discusses how on-going medical litigation impacts a patient's access to quality and specialized healthcare services. Thie researcher of this brief, yet concise, paper proposes to poll a sampling of 50 patients and 20 physicians using a tailored questionnaire to determine the extent to which patients and physicians feel malpractice claims have in fact impacted on the quality of healthcare. This writer also intends to analyze the medical malpractice claims from Denver's Bureau of Health Services from 1990 and up to the present.
Table of Contents:
Introduction/Background to Problem
Hypothesis
Literature Review
Research Design
References
From the Paper
"Boulard cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The crisis results in closure of a 24-hour critical care center. The crisis emphases the potential for not only reduced care but complete lack of access to care for hundreds of patients in similar situations. While legislatures are working on solutions to such problems, the issue is far from resolved. In some medical facilities, physician assistants and nurse practitioners are performing procedures doctor's once did, simply because the cost of medical malpractice is too high for doctors to perform procedures themselves."
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Medical Malpractice, 2006.
An analysis and examination of the global problem of medical malpractice.
1,687 words (approx. 6.7 pages), 5 sources, APA, $ 54.95
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Abstract
This paper takes a look at the global problem of medical malpractice and examines the issues and objectives concerning the development and enforcement of policies that would limit malpractice awards. The paper also recommends a set of objectives, options and actions that nurses and others can actively take to reduce their risk.
Table of Contents
Abstracts
Caps on Medical Malpractice Awards
Background
Issue Statement
Stakeholders
Policy Objectives
Policy Alternatives
Summary -- Recommended Policy
From the Paper
"That malpractice is an industry cannot be denied. Attorneys, professional lobbying agents and agencies wine and dine politicians for their cause. The media follows every move. People are employed and significant money flows through the economy all due to the increase in malpractice suits and the amount of awards. There are a number of factions that comprise the growth of the malpractice industry and have significantly affected its development including social, economic, ethical, political and legal factors."
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Medical Malpractice, 2004.
Proposal for a dissertation about the effects of rapidly increasing medical malpractice premiums.
1,250 words (approx. 5.0 pages), 10 sources, MLA, $ 42.95
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Abstract
This paper presents a proposal for a dissertation about the current health care crisis brought about as a result of rapidly increasing medical malpractice premiums. The paper explains the detrimental effects of such increases, the focus of each section in the proposed dissertation, the questionnaire and methodology to be used, and the intended goal of the dissertation.
From the Paper
"During the last decade, medical malpractice premiums have increased exponentially, resulting in a decreased pool of qualified physicians operating in the medical arena. The medical industry is facing many crises, including rapidly increasing health insurance premiums which affect consumers directly. One arena consumers may not have considered evaluating however that of medical malpractice is."
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The Rising Cost of Medical Malpractice, 2004.
A discussion about the impact that rising medical malpractice costs have on doctors and patients.
4,716 words (approx. 18.9 pages), 31 sources, MLA, $ 121.95
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Abstract
This study examines the extent to which rising medical malpractice premiums have affected the quality of care provided by physicians to their patients. The study also looks at the causes and consequences of the rising premiums and examines proposed solutions to the potential health care crisis the rising costs are creating.
Chapter One: Introduction and Problem Statement
Chapter Two: Review of the Literature
Chapter Three: Methodology
Chapter Four: Results
Chapter Five: Conclusion and Further Research
From the Paper
"Medical malpractice premiums have increased exponentially during the last decade, resulting in a decreased pool of qualified physicians available to consumers seeking quality care. As a consequence, consumers are left with fewer and fewer options when seeking out quality medical care. In some circumstances, consumers are left with no convenient available options. In addition, physicians are faced with the ever looming prospect of discontinuing many services formerly offered patients. Physicians are dropping many practices as a result of an inability to cover the premiums associated with insuring such services. Many physicians have been forced out of practice as a result of rising medical malpractice premiums. Patients have found themselves faced with the crisis of finding qualified professionals in an ever shrinking market. A majority of smaller physician practices find themselves at a crossroads; desiring to provide patients with the utmost in quality care, but unable to do so because of exorbitant premiums."
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Medical Malpractice, 2005.
This paper discusses the problems of medical malpractice especially errors in prescribing prescription drugs.
1,385 words (approx. 5.5 pages), 3 sources, APA, $ 46.95
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Abstract
This paper explains that the FDA and numerous other organizations report that prescriptions drugs cause an enormous number of preventable injuries and death resulting in "cap" laws, a rise in insurance costs, regulations on physicians and the death of innumerable innocent civilians. The author points out that, on the other hand, the non-partisan Congressional Budget Office finds that the costs associated with malpractice-buying insurance and paying out damage awards-amounts to less than two percent of America's skyrocketing healthcare expenses. The paper stresses that the problem of malpractice will not cease without the help of well trained doctors, honest and just politicians and insurance workers who value their customers.
From the Paper
"In light of numerous large payouts associated with medical malpractice, President George W. Bush called for strict limits on medical malpractice suits, including a "cap of $250,000 on what victims and their families could recover for non-economic damages." He also inflicted an attack on lawyers fees, including a drop from thirty percent, to twenty on cases less than 600K. On cases exceeding 600K, he dropped twenty percent to fifteen percent. Now, let's look more in-depth. When taking on a malpractice suit, it immediately throws the victim and lawyer into a David and Goliath situation, and in light of Bush's bill, "David has lost his sling.""
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Caps on Medical Malpractice Awards, 2005.
A proposal to place caps on malpractice awards while reducing risk to those in the nursing profession.
1,575 words (approx. 6.3 pages), 5 sources, $ 62.95
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Abstract
This is a nursing proposal suggesting what nurses can do to reduce risk while strongly advocating caps on malpractice awards. The current legislature on malpractice caps and the level of reduced care to patients is discussed. The patients' own inability to afford service, the affordability to practice by physicians and their need to increase patients' costs for services by ordering many more than medically necessary are all covered.
From the Paper
"There is a vicious cycle taking place in the world of healthcare that involves patients, attorneys, physicians and healthcare professionals and facilities and insurance companies. Medical malpractice premium rates are forcing doctors and nurse practitioners to order medically unnecessary tests and pad bills or fold their practices. According to the Center for Legal Policy (as cited by Stableford, 2005) "unnecessary medical tests and constant referrals to specialists for second and third opinions costs an unnecessary $60 billion to $100 billion." Law suits continue to climb at an alarming rate with unconscionable awards that are not consistent with something that can be measured tangibly. Attorneys play on the sympathy of juries for neurological deformities of infants that could have naturally occurred genetically, not necessarily as a result of medical error, yet huge awards for punitive damages are awarded."
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Tort Reform, 2002.
Explores President George W. Bush's tort reform attempts in the White House.
1,086 words (approx. 4.3 pages), 7 sources, APA, $ 37.95
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Abstract
President Bush came into the White House with a history as a ?tort reformer.? True to his record, the President backed a ?tort reform? bill that was passed by the House of Representatives but floundered in a Democratic controlled Senate. The President has recently renewed his call for the legislature to approve a tort reform bill that relates mainly to medical malpractice. It remains to be seen whether President Bush is successful in getting his proposals approved this time around as debate still rages among the supporters and opponents of the reform bill. This paper looks at the pros and cons of the issue. The paper includes a summary of the proposed public policy on tort reform, an examination of the impact of the policy (who shall be affected?), as well as the lobbying efforts in favor of and against the tort reforms.
From the Paper
"As for the lowering of health costs and insurance premiums, it is a contentious issue with both the opponents and supporters of the tort reforms holding widely divergent views. While the government contends that such reforms would reduce Federal government costs by at least $28 billion per year and cut health care costs for all Americans by $60 billion or more, the opponents argue that since medical malpractice premiums comprise only 0.59 % of national health care costs such tort reforms would have a very limited effect on health care costs. They also argue that ?insurance reforms? rather than ?tort reforms? are needed for lowering insurance premiums and quote the example of California where after implementation of medical malpractice reform, malpractice premiums increased 190 %. (?Tort Reform is not a Solution..?)"
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Tort Reform & Business Law, 1998.
Examines the current climate for tort reform in the court system. Discusses possible implications for businesses & business law.
1,350 words (approx. 5.4 pages), 8 sources, $ 47.95
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From the Paper
"Tort Reform and Business Law
Current Events
Tort reform has not resulted in much change within the American system of law. A primary problem is that as appeals to lower court decisions about the serviceability of tort reform legislation have made their way to courts of appeal, all or part of tort reform legislation is being struck down. This is mainly because courts wish to preserve "the right to a jury trial for common-law torts without limitation" (Finzen, Haley, & Shaw, 1998). The article appearing in the February 16, 1998 issue of The National Law Journal, entitled "Illinois high court latest to nix reform law," goes a long way towards framing the difficulties inherent in tort law. It seems that while allowing juries the freedom to find for huge damages may seem ludicrous.."
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The Tort Reform Movement, 2005.
This paper discusses the efforts to change in the America's lawsuit industry, which is a saturated with lawsuits.
3,185 words (approx. 12.7 pages), 10 sources, MLA, $ 92.95
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Abstract
This paper explains that the basic idea of the Tort Reform movement is to modify the lawsuit industry by convincing lawmakers to change laws such as 'joint and several liability', which unfairly forces those defendants who are not fully liable to pay all the punitive damages. The author points out that the insurance industry is preventing the consumer from gaining access to justice by tort reforms. The paper concludes that tort reforms is an ongoing process in America, and it will continue for a long time.
From the Paper
"The truth is that New Yorkers and the New York economy are both being severely affected by the phenomenon of excessive and sometimes even silly litigation, and this must be stopped as soon as possible. The immediate need is for a civil justice system that would put a stop to this very real fact. When the U.S .Chamber of Commerce headed by Chamber President Thomas Donohue stepped in with an agenda for the start of these reforms, it was the first time that this had ever happened in its 92-year-old history, and this very fact demonstrates the very real need for the reforms to begin immediately. It was in the month of August 2004, just before the start of the GOP convention that this proposal was brought up, and the proposal stated that the chamber of Commerce would actually be ready to put in the huge amount of $10 million into advertisements that would support the restriction of lawsuits, and these advertisements would be endorsed by none other than George W Bush, and opposed by John Kerry."
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The Reformation and Counter-Reformation Periods, 2005.
A brief over-view of a religiously-divided Europe during the Reformation and Counter-Reformation periods.
900 words (approx. 3.6 pages), 0 sources, $ 35.95
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Abstract
The following paper is a brief review of the religious schism that wracked Europe, principally France and Germany, during the Reformation and Counter-Reformation periods. The paper examines how the various leaders involved responded, and what the long-term consequences of their decisions were for their respective lands. The paper also notes how the period actually strengthened the French while weakening the Holy Roman Empire.
From the Paper
"The history of modern Europe has seen its share of troubling religious divides and more than its share of religious violence. That being said, the French monarchy was initially repressive towards religious dissent but gradually assumed a more progressive approach as the sixteenth century drew to a close. In the early decades of the Sixteenth century, however, Francis I was notorious in his brutal crack-down of the emerging sixteenth century Protestantism; this persecution was ably pursued by his successor, Henri II who also took it upon himself to contest a variety of territorial holdings with the Holy Roman Empire, England and Spain. As the second half of the sixteenth century proceeded, French efforts to thwart the Protestant upheaval grew in conviction."
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Malpractice Awards, 2004.
An argument as to why there should be no cap on medical malpractice awards.
1,125 words (approx. 4.5 pages), 8 sources, APA, $ 39.95
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Abstract
This paper presents an argument against capping medical malpractice awards. The paper discusses several reasons why capping awards should not be adopted as public policy, contending that capping limits injured patients' access to justice.
From the Paper
"Capping medical-malpractice awards should not be adopted as public policy. It would be grossly inappropriate for several reasons. The much-discussed crisis in medical care that doctors and insurers attribute to malpractice litigation is misdirected and can be traced to other causes. The idea that malpractice awards are out of control and are increasing all the time is simply wrong and cannot be sustained by the facts which suggests that attempts to cap award amounts for punitive damages are being made in bad
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