Health Care Delivery Systems
Defensive and Expensive:
The pros and cons of malpractice reform and
Redirecting consumers from a costly healthcare system
Audrey D. Snell
University of South Carolina Beaufort
Health Care Delivery Systems – BNUR 401
Somewhere in the history of the United States, the American people received the dubious moniker of being sue-happy or in practical terms, excessively litigious. After all, we are the society that lavishly awarded monetary damages to a woman for self –induced third degree burns while precariously balancing a cup of hot coffee in the seat of a moving car. Or better yet, allowing a burglar to sue the homeowner for injuries sustained while attempting to commit a crime. While most of us are humored by such frivolous lawsuits, medical malpractice suits can be devastatingly dreadful and quite expensive for all parties involved. In 1999, a plaintiff in New York successfully sued the physicians that delivered her for negligence in not recognizing that the umbilical cord was wrapped around her neck in utero resulting in permanent brain damage (Dodge, 2011). She was awarded over $76 million dollars (Prindilus v. New York City Health & Hospitals Corporation). While these cases may seem excessive, there is much debate on the topic of malpractice reform and concurrently ways to reduce waste and cost’s associated with our current system of healthcare delivery. Delving into the complex judicial system can be quite overwhelming and complex particularly to a student studying for the nursing profession with essentially no interest in courtrooms and lawyers. Reasoning such, it is important to understand the basic principles behind our adversarial system and principally the right to sue for medical malpractice. Four legal elements must be proven to show that a medical provider acted negligently in rendering care and that the negligence resulted in some type of injury. The first being a professional duty owed to the patient; essentially
The pros and cons of malpractice reform and
Redirecting consumers from a costly healthcare system
Audrey D. Snell
University of South Carolina Beaufort
Health Care Delivery Systems – BNUR 401
Somewhere in the history of the United States, the American people received the dubious moniker of being sue-happy or in practical terms, excessively litigious. After all, we are the society that lavishly awarded monetary damages to a woman for self –induced third degree burns while precariously balancing a cup of hot coffee in the seat of a moving car. Or better yet, allowing a burglar to sue the homeowner for injuries sustained while attempting to commit a crime. While most of us are humored by such frivolous lawsuits, medical malpractice suits can be devastatingly dreadful and quite expensive for all parties involved. In 1999, a plaintiff in New York successfully sued the physicians that delivered her for negligence in not recognizing that the umbilical cord was wrapped around her neck in utero resulting in permanent brain damage (Dodge, 2011). She was awarded over $76 million dollars (Prindilus v. New York City Health & Hospitals Corporation). While these cases may seem excessive, there is much debate on the topic of malpractice reform and concurrently ways to reduce waste and cost’s associated with our current system of healthcare delivery. Delving into the complex judicial system can be quite overwhelming and complex particularly to a student studying for the nursing profession with essentially no interest in courtrooms and lawyers. Reasoning such, it is important to understand the basic principles behind our adversarial system and principally the right to sue for medical malpractice. Four legal elements must be proven to show that a medical provider acted negligently in rendering care and that the negligence resulted in some type of injury. The first being a professional duty owed to the patient; essentially
References: Bal, B. Sonny, MD, MBA (2008). An Introduction to Medical Malpractice in the United States. The Association of Bone and Joint Surgeons Dodge, Alicia M. (2011). Proposal Number 131. Albany Government Law Review Class. Albany, NY. Fox News Network, (2011). Lawsuit filed after toddler loses hand, both feet in 5-hour ER wait. http://www.foxnews.com/health/2011/01/03/toddler. Leonhardt, David (2009). Medical Malpractice System Breeds More Waste. The New York Times Matthews, Melanie (2008). ER Redirection Grants Shot in the Arm for Primary Care. http://hin.com/blog/consumer-drivenhealthcare. University of California – Los Angeles (2012, October 29). Transforming America by redirecting wasted health care dollars