The Consequences Of Tort Reform

Every one of us has relied on a medical professional at least a few times in our lives. When we get seriously ill, or suffer a serious injury, we put our health in the hands of doctors, nurses, and pharmacists, fully expecting to be treated with a certain degree of professionalism and safety. Unfortunately, sometimes the expected care is not given, or not given to the extent which the ailment requires. In these situations, we can feel blindsided, confused, even taken advantage of.

The American Medical Association (AMA) published a Code of Ethics for Physicians that includes a list of certain principles physicians should follow in order to be good physicians, practicing in an ethical fashion. This list, which was first adopted in June of 1957 and revised as recently as June of 2001, demonstrates some principles that are not universally accepted to be critical to the ethical practice of a physician. In particular, all physicians do not completely believe the claim that “A physician shall support access to medical care for all people” (Principles of Medical Ethics). Theorist, H. Tristam Engelhardt believes that the lack of access to care for some may be unfortunate, but it is not unfair and that this access does not need to be mandated, nor does believing it should be make you an ethical physician. In fact, Engelhardt supremely believes that by providing access of care to all, you will hurt certain patients that already have access to care, negating your function as a physician practicing beneficence. Engelhardt would retract this statement from the Principles of Ethics. However, this belief of and drive to implement access of care to all is critical to one’s job as a physician and it goes against core values of physicians to claim otherwise. Theorists such as Tom Beauchamp and Norman Daniels would agree that the universal access to health care is a critical component of the values physicians hold.

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

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.

The Affordable Care Act not only strives or yearns for access to quality healthcare for everyone, but also ethical practices in healthcare. According to the Online Journal of Issues in Nursing, the issue of health care reform brings important ethical issues of justice to the forefront, as individuals, communities, and the legislature struggle with how to provide quality health care for the many without sacrificing the basic rights of even the few. Americans want high quality healthcare, the right to choose and the right to decide who would service their healthcare needs. Americans expect healthcare services to be cost worthy. Most would also want fellow citizens to contribute to some of the costs and

Tort reform is a push by special interest to limit tort litigation in the U.S. The documentary Hot Coffee, walks us through 4 case studies on the methods used by the Tort reform lobby. Composed of businesses, manufacturers, hospitals, insurance companies and other businesses. Using their money to affect changes to the 7th Amendment statutes:

In the field of health care, nursing and other medical practitioners play a very important role not only in the physical health, but also in the general well-being of the public. For this reason, various pieces of legislation and policy have been implemented to ensure consistent ethics and quality within the health care professions. When service users find themselves in conflict with the providers of medical and health services, they have the right to complain formally. Conversely, nurses and doctors also have the right to defend themselves against such complaints. The legislative process, including several entities in the legal and medical field, ensures that both patients and health care professionals receive a fair consideration of their statements and complaints. In Washington State, this process has been implemented to ensure that the medical profession remains focused upon its main purpose; to care for the physical health and well-being of its users.

Challenges to overcome with this issue may be that physicians could feel as though the nurse practitioner (NP) is not adequately equipped as the doctor would be when dealing with patient care. According to the American Medical Association, “physicians have longer and more rigorous training than NPs, nurse practitioners are incapable of providing quality, safe care at the same level of physicians” (Hain & Fleck, 2014). This statement reflects negatively upon nurse practitioners but also coincides with the inability of a nurse practitioner to practice “to the fullest extent of their education and training” (Hain & Fleck, 2014). Only roughly “one-third of the nation has adopted full practice authority licensure and practice laws for NPs” (Hain & Fleck, 2014). This is another dilemma in and of itself within the health care setting and could be one of the reasons as to why NP are not reimbursed one-hundred percent for their

In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and

“The definition of a health professional is a person who works to protect and improve people’s health by the diagnosis and treatment of illness to bring about a complete recovery from mental, physical and social perspectives, either directly or indirectly (Kurban, 2010, pg. 760).” Nurses in the community today have acquired an increasing responsibility to intervene with medical decisions. In the past, there were clear differences between nurses and doctors. It was more common for a nurse to be supervised directly under the physician. They are not just performing Doctor’s orders anymore. The nurse role in patient care has been widely expanded. Allegations against someone can be one of the most stressful moments of their careers. Negligence

Hospitals can avoid common law tort systems by adapting a Guidelines Based Systems. These systems will give the Clinic or Hospital click all practice guideline statements to follow. The statements will provide appropriate treatments for illnesses, symptoms and even different types of patients (Kessler, 2011). Such guidelines will help the physician fine the best clinical approach for the patient, thus verging away from malpractice or negligent issues (Kessler, 2011).

In the health care system there are many laws and regulations that are put into place to protect the patients that use the health care system as well as the facilities and insurance companies. Unfortunately in some cases physicians, facilities and employees break these laws and cause a critical problem in the system. In the case of Park Ridge Hospital and Adventist Health Systems, Park Ridge Hospital was found guilty of insurance fraud and over charging patients. These fraudulent charges and procedures not only cost the patients money but also have a huge impact on health care all together.

This Article will address a wide variety of arguments for and against tort reform, and will discuss possible solutions to improve the current tort system. My purpose in writing this Article is not to offer a definitive solution to the tort reform debate, but instead to accurately present and analyze tort reform issues in the hope that someday a "wise agreement"7 will be negotiated that meets the needs of all parties involved in the tort

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