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

Tort Reform Essay

1377 words - 6 pages

The Impact Tort Reform Had on Texas

The Impact Tort Reform Had on Texas

Course 2314 - Legal Aspects of Health Care Administration

Mr. Barry Goldstein, LNFA, MBA

Gene E. Carson

11/20/2009

Table of ContentsIntroduction 3What Is Tort Reform 3Why Tort Reform Was Need in Texas 3-4What Reforms Occurred in Texas 4-5The Effects of Tort Reform 5-6Summary 6-7The purpose of this paper is to evaluate the impact tort reform has had on the health care industry and economy of Texas since it passed in 2003. Supporters of tort reform believe tort reform will lower insurance rates consumers pay to insurance companies because doctors will not have to practice defensive medicine, thus lowering the physician's total cost to practice. Defensive medicine is believed to be running up individuals insurance rates. The reason people feel this way is because doctors are running tests they would not normally run if they were not afraid of being sued and sending patients to specialists for basic care, such as pap smears and mole removals. Proponents of tort reform also believe that tort reform will lower the cost of medical malpractice insurance in the state of Texas and increase the number of doctors willing to practice medicine in Texas.What is a tort reform? Prosser and Keeton on Torts text book defines, a tort as a "civil crime; an act that is illegal, but is not criminal." (Lane, 2003) An example of a tort is an auto accident. Tort reform isn't one single idea or law. Instead, it's a group of ideas and laws designed to change the way our civil justice systems works. While each tort reform law is different, they all are designed to either limit the circumstance under which injured people may sue, limit how much money juries may award to injured people, or both. (Lane, What is Tort Reform, Anyway? A User-Friendly Guide, 2005)Tort reform was needed in Texas for several reasons. The first reason Texas needed tort reform was to lower the cost of medical malpractice insurance. Medical liability insurance costs were sky rocketing out of control from 1995 to 2003. Doctors in Texas were seeing their insurance rates increase by double digits annually. Carriers of medical liability insurance dropped from seventeen carriers to four from 2000 to 2002.The volume of medical malpractice suits was a contributing factor to increasing insurance premiums for doctors. The Texas Medical Association published a study in 2001 that reported six out of every seven, or 86 percent, of medical malpractice claims in Texas were closed with no fault found on the part of the doctor. (McCann, 2007) The American Medical Association put Texas on the medical liability crisis watch list.Texas was suffering from a shortage of doctors statewide. In 2002, Texas saw its applications for medical licenses drop to the lowest level in ten years. In 2003, two-thirds of the counties in Texas did not have practicing obstetricians; sixty percent of the counties did not have any pediatricians. The Rio Grande...

Find Another Essay On Tort Reform

The Purpose of Tort Law in the Irish Legal System

3219 words - 13 pages an overlap would be an assault. An assault can be classified as both a crime and a tort, it is a tort in the sense that it is a form of trespass onto a person. Criminal law is primarily punitive, however, many jurisdictions retain punitive elements in tort damages. The purpose of punitive damages is to reform or deter the defendant and others from engaging in similar conduct again. An example of punitive damages in tort law would include anti

General Tort Law Essay

358 words - 2 pages distress (which has been often used successfully against aggressive collection agencies), fraud, conversion, and nuisance (which involves lesser invasions of real property than does trespass).Employers are liable for the torts of their employees committed within the scope of authority. And joint tortfeasors (persons who commit torts) are each potentially liable for the entire judgement awarded to the plaintiff (though the plaintiff cannot have a double recovery). Rapid change in the tort system and escalating monetary awards have led many legislatures to consider strong measures to reform American tort law. We are just now starting to see many of these changes.

Malpractice insurance: what price can be put on safety?

825 words - 3 pages malpractice insurance to search for a solution (1). As you can see, malpractice insurance, as well as all insurance rates, is a very pressing issue (CJ&D 7).1* Tort reform is the action of changing the law so that patients suing in insurance cases can only win so much money.Many doctors are leaving their offices closed to the minorly ill (Appleby), and hospitals are taking a hit from a wave of customers (Appleby). Mainly greedy insurance

Economic Ramifications of Stringent Tort Laws

4356 words - 17 pages ?The objective of the project is to look at the Economic Ramifications of the circumvention of the evolutionary process of the common law. From historical perspective, we look at the tort law reforms and its effects on companies and society.Currently strict liability is being implemented, which is primarily a consequence of the attempt to limit the monopolistic power of companies and to safeguard consumer rights. The logic behind this reform was to

Key Similarities and Differences Between Roman Delict and Common Law Tort

2690 words - 11 pages year’ . This is similar to the common law of tort in the wrongful death tort which is where the death of a person is caused by the act or omissions of another person, supported by section 2(2)(c) of the Law Reform (Miscellaneous Provisions )Act 1984 which states that ‘where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to the

Reform Malpractice Laws to Create True Healthcare Reform Introduction

1710 words - 7 pages through malpractice insurance premiums and the costs associated with being sued by a patient after a less-than-full recovery. Defensive medicine has a negative impact on the overall cost of healthcare delivery and changes in tort laws placing limits on malpractice awards should be part of the reform conversation. An analysis of changes in statutory limits on lawsuits and prior tort reform efforts will show a connection between such changes and

hot coffee film review and discussion - los angles valley college law 1 - assignment

751 words - 4 pages $2.7 million in punitive damage for McDonald’s callous conduct. Punitive damage is calculated Damages that are intended to reimburse the plaintiff for their losses.Punitive damages serve the dual purposes of punishing the defendant and deterring similar conduct in the future. 4. Tort reform refers to the proposed changes made in the civil justice system that directly reduces tort litigation or damages. The tort system was created to outline

Actions in Negligence: Case Study

936 words - 4 pages Through the introduction of the Civil Liability Act the NSW government’s extensive Tort Law reform in 2002 saw changes to the degree at which the courts might apply certain principles to cases of negligence. The CLA has improved to make more predictable the finding of a duty of care with these statutory guidelines. The moral and equitable extent to which this new regime is an improvement however is arguable, as the general principles of the

Frivolous Lawsuits

2348 words - 9 pages discovered large money in mass litigation. This rise in greedy and manipulative lawyers has provided Americans with a skewed financial interest in the American courtroom and has hindered the justice system as a whole. Congress must reexamine tort reform to provide Americans with a trustworthy and secure justice system from frivolous lawsuits. As American citizens we do it everyday: we see something wrong and form ideas of suing. Whether our

Duty of Care and Psychiatric Injuries - LL.B : Law of Tort - Essay

3295 words - 14 pages Psychiatric Injuries: Duty Owed? INTRODUCTION The law of negligence deals with relationships, harm, suffering and losses and within the confines of many statutes, the common law and equity, must make determinations on such emotions and outcomes. Whilst the source of many claims under the tort of negligence come about because of harm, this is not the primary concern of the field ? it is a fine balancing act between the harm suffered and

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

Similar Essays

Tort Reform Essay

2335 words - 9 pages Tort Reform iRunning head: TORT REFORMThe Purpose and Efficiency of Tort ReformTort Reform iiAbstractIn any reforms encouraged by a government, it has proven to create a great impact on the lives of people. In an increasingly litigious society, tort reform is a subject that had brought about great debate. With costs never ceasing their inevitable rise, especially in the medical field, tort reform discussion has increased. The cause and effect of

Tort Reform Essay

1095 words - 4 pages Tort Reform 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

Health Care And Tort Reform Essay

1649 words - 7 pages Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the

Lawsuits Gone Wild: Our Out Of Control Legal System And The Need For Tort Reform

1195 words - 5 pages in many ways. They can force companies out of business, increase the cost of financing and insurance, and cost millions of dollars every year in lost time, court awards, and legal fees. Also, litigation can increase the cost of products for consumers, up to 2.5% on an average (Abraham NP). David Bernstein, a law professor at George Mason University estimates that "...consumer prices could be reduced by 20% if actions are taken to reform the