This website uses cookies to ensure you have the best experience. Learn more

The Hemorrhaging Medical Malpractice System Essay

1584 words - 6 pages

A service used to protect individuals harmed by the unforgivable actions of a doctor has turned into a moneymaking scheme. Medical malpractice has been in the United States since 1794 and has since become a multibillion-dollar industry. Since the start of malpractice insurance, the cost of premiums that the companies charge has increased, causing the cost of medical procedures to subsequently increase. By capping monetary compensation for different injuries, this multibillion-dollar industry will run smoother and allow doctors to provide cheaper health services. Medical malpractice is an essential check in the medical field, but currently is doing more harm than good. Limiting medical malpractice payouts will lower the costs of premiums while keeping the vital program intact.
Capping medical malpractice seems counterintuitive because the program is in place to compensate victims of negligence, but capping monetary damages are a necessity to reduce the cost of health care. Medical malpractice torts are a way for victims of a doctor’s negligence to collect damages from the doctors. This system is necessary to the success of the medical field, but the payouts have become too high. In several states, there have been caps placed on malpractice payouts and impressive results have come into public view: “Twenty-eight states have laws that limit payments in malpractice cases, and several studies indicate that these laws reduce the frequency and severity of malpractice claims and lower premiums” (Hellinger). These twenty-eight states have seen lower insurance rates because doctors are not paying as much money in medical malpractice insurance rates as they had been. In California there is a cap of $250,000 on noneconomic damages, which has been in place for forty years. The goal of these caps is to deter nuisance claims and to improve patient safety because doctors want to protect themselves from lawsuits. In California, the medical malpractice cap has stabilized the cost of health insurance. These caps do affect the amount of money that a person can collect for lost wages, potential wages, or other economic damages (CMA). By placing noneconomic caps on medical malpractice, insurance rates will be lowered because doctors have to pay less towards their malpractice insurance.
Insurance companies saw an opportunity to make money on medical malpractice and started to offer insurance to doctors, but premiums for this service have reached a level where the health of patients is being put at risk. Medical malpractice insurance is a way for doctors to protect themselves from lawsuits. The cost of medical malpractice insurance has risen at an average rate of 8%, which is more than the rate of inflation (CBO 4). If the rate of increase of premiums is higher than the rate of inflation, there is a problem. The rate of change in premiums needs to be lower than the rate of inflation to keep the price of health care close to the level it was in the previous year....

Find Another Essay On The Hemorrhaging Medical Malpractice System

How Geographic Information System and Geospatial Technology Changed the Medical Landscape

1251 words - 6 pages Health Professionals all over the world have used today’s technology to improve and change the landscape of the Medical world. From updated EKGs to more accurate Stethoscopes, doctors have been able to help people around the world and provide the best healthcare that the world has ever seen. Many times in the medical world there are several problems and mysteries that arise with unpredictable circumstances that Health Professionals in the past

The Burden of Proof in the Case of Darling vs. Charleston Community Memorial Hospital

866 words - 4 pages award to plaintiff. Legalities of Medical Malpractice The system of law governing the resolution of civil disputes between parties in the United States is referred to as the adversarial system, where respective advocates for each side in a dispute skillfully present arguments before an impartial party, such as jury or judge. The adversarial system is used in common law countries to resolve disputes related to negligent conduct, whether medical

Medical Malpractice Suits Have Started to Cause More Conflict than They’re Solving

2623 words - 11 pages of the american medical liability system. Vanderbilt Law Review, 67(1), 151-195. Williams, A. G. (2012). The cure for what ails: a realistic remedy for the medical malpractice "crisis". Stanford Law & Policy Review, 23(2), 477-521.

Medical Malpractice: Flourishing or Failing?

1093 words - 5 pages , mistakes will still happen in the world of medicine (Klebanow 4). Therefore, action is needed to allay the ailing American medical system. Multiple solutions exist according to John Springer. In an effort to reduce the number of frivolous cases, a tougher set of standards could be instituted for filing malpractice suits (7). If lawyers were not compensated at the current thirty-three percent rate in fees, attorneys might not be as inclined to

Medical Malpractice

964 words - 4 pages Medical malpractice is like a virus that spreads contagiously and has been going on for many years. This phenomenon has caused deaths, diseases, and injuries due to the negligence of medical professionals towards their patients. Hospitals are losing their reputation and doctors are losing lots of their money. Usually after the doctor does something wrong, the patient should file a lawsuit against them and the hospital. One way to prevent

The Case of Enso Martinez and Rebecca Fielding VS. John Hopkins Hospital

903 words - 4 pages injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not

Medical Malpractice

1671 words - 7 pages “Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient” (ABPLA). The problem with medical malpractice involves malpractice claims, unnecessary procedures, the general system, communication issues, and reform efforts. Although medical malpractice is a significant concern, much is being done to address this problem. Many medical practice claims

Consumer Law

1185 words - 5 pages disability, pain, loss of fertility, lost of limb or sight and other related damages caused by medical professionals. Medical malpractice law in the United State is derived from English common law and was developed by rulings in various state courts. The legal system is designed to encourage extensive discovery and negotiations between related parties with the goal of resolving the dispute. The four legal elements must be proven to show that the

Lawsuits against medical malpractices

963 words - 4 pages ' mistakes. The reforms that were discussed would be a way to assure that the physicians are not sued for any little thing. They would also make it difficult to file a medical malpractice suit, but only when the person is trying to cheat the law system. If indeed the person was injured, then the law would take care of the rest.Malpractice laws were created for two reasons: one is the laws would compensate the patients that have suffered from the hand

Medical Malpractice

3326 words - 14 pages Introduction: Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise

Malpractice Changed the Treatment of Patients by Doctors

3498 words - 14 pages considered to be of high-risk over pediatrics and psychiatry for instance. Dr. Aaron Carroll and research specialist Jennifer Buddenbaum set out to explain this in their 2013 study. In High and low-risk specialties experience with the U.S. medical malpractice system, Carroll and Buddenbaum investigate the term “high-risk specialty,” inferring that it extends to those medical specialties that are assumed to be at higher risk for malpractice suits

Similar Essays

The Effects Of Malpractice Suits On The Healthcare System

1079 words - 4 pages medical care which intern is passed down to the patients. Today patients are becoming more litigious because there are many lawyers luring you in, with advertisements geared towards lawsuits for medical malpractice. Most of the time malpractice suits consist of falsified allegations, seen by most people as abusing the system. In addition to these embarrassing lawsuits, plaintiffs are awarded large amounts of money for damages because there are no caps

The World’s Best Medical System: Backslide And Still Going

2266 words - 9 pages and grandstanded healthcare in the world, have the statistics that prove the opposite is true? Contrary to popular opinion, in addition to public awareness issues regarding diet, there is substantial evidence that the current medical system is actually doing more harm than good in relation to chronic diseases, leading to the decline in American health. The health care of the United States, despite being bragged upon here and admired by other

Virginia Mason Medical Center And The Toyota Production System

2479 words - 10 pages Part 1 - Kaplan's Goal and Rationale in Adopting TPSDr. Gary Kaplan very much believed in the corporate culture of Virginia Mason Medical Center (VMMC) and in the case study states that it was the collaborative team approach that attracted him to VMMC. However, when he took over as CEO in 2000, the medical center was losing money for its first time in history. Kaplan had to move VMMC to become a learning organization that could be lean, and

The Electronic Medical Record System And Computerizing Health Records In Five Years

2011 words - 8 pages Introduction Shadowing a physician in Haymarket, Virginia, I remember first encountering a practice using an Electronic Medical Record system. Prior to that experience, I’ve always went to health clinics that had health records on paper. When the physician I was shadowing was on her laptop, I asked what software she was using. She responded, “It’s an EMR system. It basically has all our patient’s records, we can easily send prescriptions to