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Topic: Issue in health care reform: Medical malpractice jury awards - PowerPoint Presentation Example

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Medical malpractice is a case whereby a doctor or a health care professional adds or omits a medical procedure to a patient causing serious injury or even death of the patient. Such cases of negligence have occurred all over the world. Different state’s or country’s…
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Topic: Issue in health care reform: Medical malpractice jury awards
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Issue in health care reform: Medical malpractice Issue in health care reform: Medical malpractice Medical malpractice is a case whereby a doctor or a health care professional adds or omits a medical procedure to a patient causing serious injury or even death of the patient. Such cases of negligence have occurred all over the world. Different state’s or country’s authority have tried to curb the cases by introducing health care reforms and laws, which are termed as Tort Reform Laws. These laws have brought effect in the medical field and in medical professionals’ decisions on the fields in which they practice.

This paper therefore analyses the tort reform laws concerning the jury awards to medical malpractice cases. I also view the effect these laws have brought in the medical field. In addition, I will give a summative view of the problems medical malpractices bring to not only the victims but also the medical care specialists.The Tort Reform Laws are federal ideas concerning the jury awards for medical malpractices in that there would be limit for jury award for non-economic impact of malpractice.

The latter include concrete problems like pain and suffering. The Tort reforms are given in all states and each has had its policies. As from 2006, in the United States, the federal Sate put a general charge of $ 250,000 for malpractice cases in courts. It also limited the number of non-economic cases to those that have an agreeable case (Mello, 2008). In some states, the jury award cap on malpractice can be adjusted depending on the nature of the damage (Choctaw, 2008). The Tort reforms were introduced because it had become a concern that the juries were awarding too many charges fro claims of malpractice while the Insurance companies were still paying for damages.

Because of this issue, medical professionals had started specializing in practices that were safe enough for them (Choctaw, 2008).The Tort Reform Laws have brought a major effect in the medical field, especially the physicians. Before the Tort reforms were introduced, the insurance companies covering medical malpractices had increased their premiums due to the excessive charging of malpractice suits (Mello, 2008). The effect of limiting these charges is that the premiums for insurance companies would go low.

The lower the rate for malpractice coverage, the more there would be professionals working in the medical field (Bake, 2005).A medical malpractice case on a physician causes a huge impact not only in his career but also in his life. First of all, the medical specialist would have to hire a lawyer to defend and advice him on his case (Mello, 2008). Secondly, due to an already damaged reputation, the doctor may be forced to retire or leave his job early. If he still wants to continue practice, he may end up moving to another state to practice medical care.

To avoid this kind of crisis, physicians may be fearful to specialize in the fields which they may be good at because it maybe unsafe for them (Bake, 2005). The Tort Reforms may have brought a negative and positive impact in the medical field. I would support the proposal because it has minimized too many charges on malpractice cases causing the insurance premiums to reduce, hence allowing many physicians to venture in the field. However, limiting the jury awards on malpractice suits may allow negligence of physicians to continue due to lack of painful consequences.

In my opinion, the federal state should therefore bring in a proper solution to curb medical malpractice while ensuring that there are enough physicians in the medical field and in all specialties and at the same time doctors who are careful and sensitive with patients.ReferencesBake, T. (2005). The medical malpractice myth. Chicago: University of Chicago press.Choctaw, W. (2008). Avoiding medical malpractice: A physician’s guide to the law. New York, NY: Springer. Mello, M. (2008). Medical malpractice: Impact of the crisis and effect of State tort reforms.

Retrieved from http://www.rwjf.org/files/research/15168.medmalpracticeimpact.report.pdf

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