Debra L. Immel
Health Care Ethics & Medical Law HCA 322
Tort Law and Healthcare
Instructor Lilia Chavarria
September 3, 2012
TORT LAW AND HEALTHCARE 2 Tort Law and Healthcare
It has been said, necessity is the mother of all invention, and reform is the necessity. Healthcare professionals and administrators have been crying for a reform in the medical liability atmosphere. Medical malpractice insurance premiums are escalating, in turn rising the cost of healthcare. Medical liability is also known as medical liability and is in need of attention from the legislative departments of the government.
Tort law is the grounds recognized as the civil wrongs in a lawsuit. These civil wrongs which created injury or harm are the basis for the actual claim by the injured plaintiff. Some torts can also be crimes punishable by the courts including imprisonment. The main purpose of tort law is to provide relief to the injured party for the damages incurred and deter others from committing the same mistakes. Tort reform must address placing caps on rewards for noneconomic damages such as the outrageous monetary reward for pain and suffering.
According to Madduri, 42.2% of physicians have been sued. One fourth of those physicians sued have been sued more than once. Orthopedic and neurosurgeons along with obstetricians and gynecologists are the most likely to be sued. Many doctors are refusing to take high risk patients due to the cost of fighting claims is high. “Possible red flags include patients who present with complications from prior surgery, those "shopping" for opinions, and patients who push for a treatment or a procedure that is medically questionable” (Kern, 2010, p. 23, para 3). This is a sad day for those patients at high risk truly in need...