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Malpractice Caps, 2005.
This paper examines the issue of caps on malpractice awards.
1,560 words (approx. 6.2 pages), 7 sources, MLA, AU$ 55.95
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Abstract
This paper explains that the main reason why caps should exist on malpractice suit is the cost of malpractice insurance for doctors, which has forced many doctors to stop practicing medicine. The author points out that placing caps on malpractice awards might shield negligent doctors from being held accountable for their mistakes and might prevent patients from getting the monetary awards that match the economic and traumatic impact of the injuries they have incurred. The paper states that the solution to this issue is to place caps on malpractice awards; however, in extreme cases where negligence is apparent and the impact of such negligence is irrevocable, there must be exceptions to such caps.
Table of Contents
Introduction
Why Caps on Malpractice Awards
Why No Caps on Malpractice Awards
Discussion and Conclusion
From the Paper
"The problems associated with malpractice awards came to the forefront in 2002 when a group of 60 specialists at the University Medical Center in Las Vegas refused to work because of the high cost of malpractice insurance. Their actions caused the hospitals emergency room to shut down. This gave Nevada and the nation a glimpse of the public health crisis that could ensue if caps are not placed on Malpractice Awards. In the case of Las Vegas, legislatures came together and placed a $350,000 cap on the amount of money that a patient could receive as a non economic award in a malpractice case. However, lawmakers did attach to exceptions to the bill including "one involving cases where there is "gross malpractice". The other where there is "clear and convincing" evidence that an award should exceed the $350,000 cap."
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Medical Malpractice and Tort Reform.
This paper argues that tort reform would have precisely zero effect on the health insurance costs of Americans and would have very serious harmful effects on the lives of Americans who find it necessary to seek relief through a malpractice lawsuit.
1,935 words (approx. 7.7 pages), 6 sources, MLA, AU$ 65.95
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Abstract
This paper explains that tort reform, putting a cap on jury awards in malpractice suits, is exactly what the insurers want because, in addition to making a handsome profit on their medical malpractice lines as it stands, they would then have to pay out even less. The author points out that reducing consumer health insurance costs would be better served by a systematic effort to weed out bad doctors and prevent malpractice. The paper stresses that, even if there were a link between medical malpractice insurance costs and consumer health insurance costs, the culprit is the insurer itself because it is not allowed, by law, to raise rates in response to big payouts; insurers are allowed to raise rates when their projected investment income declines.
From the Paper
"The suggestive portion of the NAIC findings is this: although malpractice insurance premiums make up such a small portion of health-care costs, medical malpractice as a line of insurance demonstrated the highest profit as a percentage of premiums (Stewart, 21+), making it very lucrative for the insurance companies. Further, losses paid by those insurers in 1991 came to only about 31 cents of every $100 of health care costs; remember, malpractice premiums accounted for 64 cents per $100 spent, leaving 33 cents for the company out of each $100. While the amount spent on malpractice insurance by the consumer, trough his or her medical expenditures, is negligible, there are a lot of people spending $100 frequently, massing up piles of 33 cents for the insurers."
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Medical Malpractice from a Legal Perspective, 2006.
A discussion of the basic legal issues involved in medical malpractice.
2,831 words (approx. 11.3 pages), 8 sources, MLA, AU$ 90.95
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Abstract
This paper explains that medical malpractice only falls within the realms of negligence that occurs in the context of medical or health care, even though the basic legal issues involved in medical malpractice coincide with the legal elements that encompass common negligence. The paper further explains that there are four basic factors comprising medical malpractice that mirror those which define common negligence, but that there are additional requirements involved that expressly apply to negligence in a medical context. The paper then points out that, as a result of these additional requirements, medical malpractice cases also present many unique, complex and confusing issues that are exclusive to the medical profession. Next the paper elucidates on the issues, concluding that ultimately everything boils down to the question of which is more important;the rights of patients to expect quality treatment, or the obligation of physicians to provide it.
From the Paper
"Medical malpractice is commonly defined as negligence on the part of a physician, hospital or other health care professional that results in physical or emotional damage to that health care professional's patient. The negligent failure in medical malpractice cases can occur under many different circumstances. These include, but are not limited to: an unnecessary delay in, or the complete failure to diagnose a particular disease or ailment, a surgical error during an operative procedure, failure on the part of the physician to gain the informed consent of the patient to perform surgery, and/or a failure to properly treat an ailment once it has been diagnosed. Improper use of a medical device or implant can also be grounds for a medical malpractice suit (Robertson, 1985)."
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Effects of Medical Malpractice Claims, 2006.
This purpose of this paper is to investigate the effects of medical malpractice claims on the delivery and quality of patient healthcare.
734 words (approx. 2.9 pages), 8 sources, MLA, AU$ 28.95
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Abstract
This paper, presented as a research proposal, explores several topics relating to medical malpractice claims including whether or not increased claims result in decreased quality care. This paper discusses how on-going medical litigation impacts a patient's access to quality and specialized healthcare services. Thie researcher of this brief, yet concise, paper proposes to poll a sampling of 50 patients and 20 physicians using a tailored questionnaire to determine the extent to which patients and physicians feel malpractice claims have in fact impacted on the quality of healthcare. This writer also intends to analyze the medical malpractice claims from Denver's Bureau of Health Services from 1990 and up to the present.
Table of Contents:
Introduction/Background to Problem
Hypothesis
Literature Review
Research Design
References
From the Paper
"Boulard cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The crisis results in closure of a 24-hour critical care center. The crisis emphases the potential for not only reduced care but complete lack of access to care for hundreds of patients in similar situations. While legislatures are working on solutions to such problems, the issue is far from resolved. In some medical facilities, physician assistants and nurse practitioners are performing procedures doctor's once did, simply because the cost of medical malpractice is too high for doctors to perform procedures themselves."
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Medical Malpractice, 2006.
An analysis and examination of the global problem of medical malpractice.
1,687 words (approx. 6.7 pages), 5 sources, APA, AU$ 58.95
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Abstract
This paper takes a look at the global problem of medical malpractice and examines the issues and objectives concerning the development and enforcement of policies that would limit malpractice awards. The paper also recommends a set of objectives, options and actions that nurses and others can actively take to reduce their risk.
Table of Contents
Abstracts
Caps on Medical Malpractice Awards
Background
Issue Statement
Stakeholders
Policy Objectives
Policy Alternatives
Summary -- Recommended Policy
From the Paper
"That malpractice is an industry cannot be denied. Attorneys, professional lobbying agents and agencies wine and dine politicians for their cause. The media follows every move. People are employed and significant money flows through the economy all due to the increase in malpractice suits and the amount of awards. There are a number of factions that comprise the growth of the malpractice industry and have significantly affected its development including social, economic, ethical, political and legal factors."
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Medical Malpractice, 2005.
This paper discusses the problems of medical malpractice especially errors in prescribing prescription drugs.
1,385 words (approx. 5.5 pages), 3 sources, APA, AU$ 49.95
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Abstract
This paper explains that the FDA and numerous other organizations report that prescriptions drugs cause an enormous number of preventable injuries and death resulting in "cap" laws, a rise in insurance costs, regulations on physicians and the death of innumerable innocent civilians. The author points out that, on the other hand, the non-partisan Congressional Budget Office finds that the costs associated with malpractice-buying insurance and paying out damage awards-amounts to less than two percent of America's skyrocketing healthcare expenses. The paper stresses that the problem of malpractice will not cease without the help of well trained doctors, honest and just politicians and insurance workers who value their customers.
From the Paper
"In light of numerous large payouts associated with medical malpractice, President George W. Bush called for strict limits on medical malpractice suits, including a "cap of $250,000 on what victims and their families could recover for non-economic damages." He also inflicted an attack on lawyers fees, including a drop from thirty percent, to twenty on cases less than 600K. On cases exceeding 600K, he dropped twenty percent to fifteen percent. Now, let's look more in-depth. When taking on a malpractice suit, it immediately throws the victim and lawyer into a David and Goliath situation, and in light of Bush's bill, "David has lost his sling.""
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Healthcare Industry and Medical Malpractice in the U.S., 2006.
Evaluates the current situation of medical malpractice and the crises in the healthcare industry in the United States.
5,460 words (approx. 21.8 pages), 23 sources, MLA, AU$ 142.95
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Abstract
The massive United States healthcare system plays an important place in society. Enormous amounts of money spent on health care, fail to a large degree in terms of healthiness or life expectancy. Medical malpractice aggravates this situation due to inflating costs. This paper analyzes how the legal system in the United States is putting pressure on the healthcare system, looks at ways that healthcare delivery has gotten more expensive and potentially more harmful or wary of risk. Tort reform is examined with the potential to help reduce medical costs, but does not seem to be a sufficient long-term goal. Finally, the paper explores the idea of medical courts or tribunals, specialized medical decision makers that could help to increase fair and reasonable judgments for medical malpractice claims.
Paper Outline:
The United States' Legal System is Killing Healthcare
The Impact of the Legal System on Healthcare in the United States
Tort Reform
Medical Courts and Medical Administrative Tribunals
Benefits of Medical Courts and/or Tribunals
From the Paper
"The United States legal system, at both the state and federal level, has never had the direct impact on an industry as it has on the U.S. health care industry. Currently, outside of very lax civil procedure rules, anyone can bring a medical malpractice claim and receive compensation without any factual findings made by a judge or jury. In other words, claimants may receive compensation from defendants without proving their allegations. Parties in medical liability lawsuits can hire so-called experts who routinely testify for the plaintiffs or defendants and skew their testimony towards the side who paid them to testify."
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Caps on Medical Malpractice Awards, 2005.
A proposal to place caps on malpractice awards while reducing risk to those in the nursing profession.
1,575 words (approx. 6.3 pages), 5 sources, AU$ 66.95
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Abstract
This is a nursing proposal suggesting what nurses can do to reduce risk while strongly advocating caps on malpractice awards. The current legislature on malpractice caps and the level of reduced care to patients is discussed. The patients' own inability to afford service, the affordability to practice by physicians and their need to increase patients' costs for services by ordering many more than medically necessary are all covered.
From the Paper
"There is a vicious cycle taking place in the world of healthcare that involves patients, attorneys, physicians and healthcare professionals and facilities and insurance companies. Medical malpractice premium rates are forcing doctors and nurse practitioners to order medically unnecessary tests and pad bills or fold their practices. According to the Center for Legal Policy (as cited by Stableford, 2005) "unnecessary medical tests and constant referrals to specialists for second and third opinions costs an unnecessary $60 billion to $100 billion." Law suits continue to climb at an alarming rate with unconscionable awards that are not consistent with something that can be measured tangibly. Attorneys play on the sympathy of juries for neurological deformities of infants that could have naturally occurred genetically, not necessarily as a result of medical error, yet huge awards for punitive damages are awarded."
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The Rising Cost of Medical Malpractice, 2004.
A discussion about the impact that rising medical malpractice costs have on doctors and patients.
4,716 words (approx. 18.9 pages), 31 sources, MLA, AU$ 129.95
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Abstract
This study examines the extent to which rising medical malpractice premiums have affected the quality of care provided by physicians to their patients. The study also looks at the causes and consequences of the rising premiums and examines proposed solutions to the potential health care crisis the rising costs are creating.
Chapter One: Introduction and Problem Statement
Chapter Two: Review of the Literature
Chapter Three: Methodology
Chapter Four: Results
Chapter Five: Conclusion and Further Research
From the Paper
"Medical malpractice premiums have increased exponentially during the last decade, resulting in a decreased pool of qualified physicians available to consumers seeking quality care. As a consequence, consumers are left with fewer and fewer options when seeking out quality medical care. In some circumstances, consumers are left with no convenient available options. In addition, physicians are faced with the ever looming prospect of discontinuing many services formerly offered patients. Physicians are dropping many practices as a result of an inability to cover the premiums associated with insuring such services. Many physicians have been forced out of practice as a result of rising medical malpractice premiums. Patients have found themselves faced with the crisis of finding qualified professionals in an ever shrinking market. A majority of smaller physician practices find themselves at a crossroads; desiring to provide patients with the utmost in quality care, but unable to do so because of exorbitant premiums."
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Medical Malpractice, 2004.
Proposal for a dissertation about the effects of rapidly increasing medical malpractice premiums.
1,250 words (approx. 5.0 pages), 10 sources, MLA, AU$ 45.95
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Abstract
This paper presents a proposal for a dissertation about the current health care crisis brought about as a result of rapidly increasing medical malpractice premiums. The paper explains the detrimental effects of such increases, the focus of each section in the proposed dissertation, the questionnaire and methodology to be used, and the intended goal of the dissertation.
From the Paper
"During the last decade, medical malpractice premiums have increased exponentially, resulting in a decreased pool of qualified physicians operating in the medical arena. The medical industry is facing many crises, including rapidly increasing health insurance premiums which affect consumers directly. One arena consumers may not have considered evaluating however that of medical malpractice is."
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Malpractice Awards, 2004.
An argument as to why there should be no cap on medical malpractice awards.
1,125 words (approx. 4.5 pages), 8 sources, APA, AU$ 42.95
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Abstract
This paper presents an argument against capping medical malpractice awards. The paper discusses several reasons why capping awards should not be adopted as public policy, contending that capping limits injured patients' access to justice.
From the Paper
"Capping medical-malpractice awards should not be adopted as public policy. It would be grossly inappropriate for several reasons. The much-discussed crisis in medical care that doctors and insurers attribute to malpractice litigation is misdirected and can be traced to other causes. The idea that malpractice awards are out of control and are increasing all the time is simply wrong and cannot be sustained by the facts which suggests that attempts to cap award amounts for punitive damages are being made in bad
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Malpractice, 2002.
A look at why hospitals and doctors should be sued for malpractice.
1,150 words (approx. 4.6 pages), 4 sources, AU$ 47.95
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Abstract
This paper states that doctors and hospitals should be sued and that they are not a factor in rising cost of health care.
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Malpractice Insurance, 2004.
This paper discusses that insurance premiums for malpractice insurance for long-term care (LTC) have become prohibitive.
2,290 words (approx. 9.2 pages), 13 sources, APA, AU$ 75.95
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Abstract
This paper explains that, whereas other industries afflicted by high premiums have shifted some of this burden to the customer by increasing the fees charged, this is generally not an option for the LTC industry because the great majority of patients in nursing homes have their costs paid by federal Medicare and Medicaid programs. The author points out that the high costs of the litigious climate are causing some states, such as Florida and Texas, to implement damage award caps. The paper stresses that the goal of preventing abuse and increasing the standards of care in long-term facilities is being thwarted by a system that pits lawyers against nursing homes.
From the Paper
"The long-term care homes were the most profitable sector in the late 1980s, Fletcher writes, but are now the least profitable for the insurance industry. Losses are so extreme in the nursing home sector that many carriers are refusing to insure long-term facilities. Fletcher mentions two states, Florida and Texas that are hit particularly hard by insurance carrier losses. At the root of these skyrocketing premiums is the different legal climate that has awarded large settlements to plaintiffs in suits against LTC facilities."
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Malpractice Suits, 1976.
This paper discusses effects of the increase of malpractice suits on the doctor and the patient.
2,250 words (approx. 9.0 pages), 8 sources, AU$ 0.00
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From the Paper
"Recent and current malpractice problems have had a decisive effect on both citizens and on the medical profession. This is true because malpractice suits have risen alarmingly in the past few years to raise the cost on insurance for doctors and alert the public to the possibility of malpractice.
Certain cases have also resulted in awards of remarkable sums of money to the victims. One such case that involved 45 lawsuits filed against Dr. Leon William Bleiberg in southern California is an example. By the end of 1974 at least 19 of them had been concluded, either by settlement or by verdicts against Bleiberg so that damages reported were over $1 million. The doctor had prevailed in two early cases and one had been dropped by the plaintiff. By the time 23 remained, the awards for damages had reached the $200,000 level. Total damages ... "
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The Uncounted Cost in Medical Malpractice, 1993.
Examines the cost and practice of "defensive medicine," wherein physicians order extra tests and procedures to protect against malpractice suits.
900 words (approx. 3.6 pages), 3 sources, AU$ 33.95
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From the Paper
"Medical malpractice insurance is a financial drain on many physicians and other medical personnel and medical institutions, and this is a problem that has only increased in our litigious society. The problem occurs in other countries as well, though to a greater or lesser degree depending in part on the underlying attitude toward legal issues and lawsuits. The attempt to control malpractice suits and to prevent any problem from occurring that might lead to a lawsuit is known as defensive medicine, and defensive medicine cost nearly $10 billion per year, adding to the already high cost of medicine in America. Among the causes of this high cost are malpractice insurance, unnecessary tests and procedures, and other such measures (McCormick, 1993, 4).
A variety of new studies have shown that the elimination of ..."
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Codes of Ethics & Legal Malpractice Liability, 1997.
Examines relationship between American Bar Association's codes & attorneys' liability & argues that code violations are evidence of liability. Looks at legal bases, disciplinary rules and state views.
6,300 words (approx. 25.2 pages), 38 sources, AU$ 144.95
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From the Paper
"The Relationship Between Codes of Ethics and Liability for Legal Malpractice
This paper will examine attorneys' liability for malpractice and the relationship between this liability and the codes of ethics enacted by the states and the American Bar Association (ABA). The specific purpose of this paper is to argue that violations of ethics code provisions should be admissible as evidence of liability for legal malpractice. This view is not based upon any major problem with the current structure of either malpractice liability or the disciplinary system. Rather, it recognizes that there are some similarities in the laws of the two subject areas. Maintaining complete separation between the two areas so far as to deny a plaintiff use of a violation of an ethics code provision as evidence in a malpractice action defies..."
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