Debate on Tort Reform Assignment) Debate on Tort Reform Tort reform has been yet another hot button issue for political debate in the United States for the recent years. Although the objective of the reform proposed was to reduce Tort litigation or damages in healthcare industry, it has raised multiple responses for and against the plan across the nation…
The escalating cost of medical bill has been attributed to excessive litigation also; therefore, the bill aims at reducing litigation by promoting patient safety. Hence, “states that apply for a grant to work on patient safety issues, rather than on other dispute resolution techniques” (Jones, 2010). In the opinion of Barack Obama, the new tort reform would improve patient safety and medical liability terms. According to Thomas Gallagher, an official of University of Washington, the goal of the reform is to improve the culture of health care communication with the objective of mitigating medical malpractices and thereby increasing patient safety. He adds that the proposed changes would provide better communication training to health care workers. Similarly, the J. D. of New York State Unified Court System, Judy Kluger argues that the reform would protect the patients who get injuries by providers’ mistakes. Kluger also says that costs associated with medical malpractices can be minimized by the introduction of the proposed tort reform (Point of Law.com). The state of Texas successfully implemented the tort reform in 2003 in order to improve the efficacy of the patient- friendly ‘malpractice laws’ in 2003. ...
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In discussing duty of care as a legal concept, Lord Atkin established the “neighbour” principle, which were defined as “persons who are so closely and directly affected by my act that I ought to reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question.” The Atkin “neighbour principle” paradigm was criticised for being too wide and risking floodgate claims through making it easy for legal practitioners to successfully argue negligence (Horsey & Rackley, 2009).
He grandson stopped the car for while to allow his 79 year old grandmother to add sugar and cream on her coffee. However, as Liebeck opened the lid of the Styrofoam cup, the coffee spilled unto her lap and the liquid was absorbed into her sweatpants. As the soaked sweatpants clung to Liebeck’s skin and she suffered from third-degree burns on about 6 percent of her body.
But inspite of all these getting a health insurance has become one of the most important thing for any individual in the US, since nobody knows when a medical emergency will crop up. The possession of a health insurance will really safeguard any individual from the extremely high costs, which will be incurred during the course of the medical treatment, by taking care of the medical bills.
mendations that were put forward by the IPP Committee in Australia. The move brought into fore unprecedented amount of law reforms that touched on state, private sector and territory government levels in the legislations dealing with negligence, liability and damages.
Tort proceedings and legislation is intended to mitigate the injured party against damages and to act as a deterrent against such commissions occurring in the future. Health care and medical practitioners have also been subjects of tort proceedings involving their clients.
Reforms governing health maintenance organizations (HMO) affect workers in a variety of ways since these reforms provide common types of healthcare insurance plans. Through this arrangement, workers receive medical services from physicians and hospitals approved by the plan sponsors in exchange of pre-paid fees/ premiums (Natarajan, 2006).
In discussing duty of care as a legal concept, Lord Atkin established the “neighbour” principle, which were defined as “persons who are so closely and directly affected by my act that I ought to reasonably to
According to the Mesriani Law Group, intentional torts are wrongful acts deemed to be done deliberately by the offender to the complainant while negligent torts are unlawful acts done by individuals without any plans of inflicting
The point Lord Rodger makes in the quotation above, is that establishing breach should not always need to lead to establishing liability. Nonetheless, this essay argues that recent case law shows that public policy considerations are being favored, which is
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