Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Health Sciences - Tort Reform - Assignment Example

Comments (0) Cite this document
Tort Reform Name Institution Tort Reform Torts have been defined as a category of acts that are wrong and are committed against another individual in the absence of a preexisting contract and for which courts are determined to solve. Torts fall under civil law and are viewed by some as a section of the law in need of reform (Buchbinder, &Shanks, 2007)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
Health Sciences - Tort Reform
Read TextPreview

Extract of sample "Health Sciences - Tort Reform"

Tort Reform Tort Reform Torts have been defined as a category of acts that are wrong and are committed against another individual in the absence of a preexisting contract and for which courts are determined to solve. Torts fall under civil law and are viewed by some as a section of the law in need of reform (Buchbinder, &Shanks, 2007). Tort law plays a fundamental role in healthcare delivery services .It encompasses a number of key areas within the healthcare system. These include negligence, intentional torts and infliction of mental torts. Torts have a direct impact on a healthcare institution through these three areas. In the case of negligence, there is need for 4 key factors to be present. The party termed negligent must have duty towards the party that is harmed, there has to be a breach of duty, the harmed must prove damage/injury from the interaction and causation has to be proven. Under tort law it is possible that charges are also brought against the organization under the doctrine of respondent (Buchbinder, &Shanks, 2007). Intentional torts also guide the practice in healthcare. For instance if a surgery is performed on a patient without his or her consent, or keeping a patient under an unnecessary form of restrictive care it is possible to be sued for committing an intentional tort. Invasion of privacy especially with regard to the patient’s medical records is another form of tort. Therefore tort applies in a wide continuum of medical care practices and governs the practice (Buchbinder, &Shanks, 2007). The state of California adopted a tort reform measures at around the 1970’s in response to the increase in costs of medical malpractice insurance. The state imposed caps on the plaintiff’s/victims compensation for those damages that are non economic (they are difficult to quantify). California also placed limits to the contingency fee of attorneys. In particular, the state of California limited the non economic damages in lawsuits of medical malpractice to $ 250,000. The state additionally limits attorney’s contingency fees in the cases of medical malpractice in the following form. For the first $ 50,000 a contingency fee of 40% is charged, for the next $ 50,000, a 33.33% fee is charged, for the next $ 500, 000, a fee of 25% is charged, and a fee of 15% for any amount in excess of $ 600, 000. These caps apply in all the forms of settlement. This means that regardless of the mode of recovery (arbitration, settlement, judgment). In such a case that the award will be paid over a period of time, the court is expected to place a total value on the award/payment to be made based on the estimated life expectancy of the plaintiff. This is then followed by calculation of the contingency fee (Harleston, 2002). Currently, far too many medical malpractice cases occur in the state of California. The cases occur at an alarming frequency. Many of these medial mistakes are preventable and in some cases appear to be way too simple to actually occur. According to statistics by the state of California, approximately 200 hundred cases were reported to involve the forgetting of leaving foreign objects inside patients after performing a surgical procedure. The 200 cases are part of approximately 2,500 reports of adverse events that concern hospitals and the mistakes that they allegedly made with patients (Scarlet Law Group, 2012). In response to the increasing cases of negligence, the state of California decided that all the rules that the plaintiff in a case of medical malpractice had to follow in order to file for damages do not apply to cases that fall under the Elder Abuse and dependent Adult Civil Protection Act. The court said that elder abuse claims go way beyond the professional negligence claims that are often made in medical malpractice lawsuits. The court also noted that individuals who perform egregious acts do not deserve to be afforded similar protection that they would normally receive in a case that deals solely with medical malpractice. According to the definition given by a state appellate court, a dependent adult includes any individual who is aged between 18 and 64 and is admitted as an inpatient within a 24 health facility. As a result of the ruling and changes in the law, many medical practitioners fear an increase in the number of elder abuses in many of the cases of malpractice (Albert, 2004). The California healthcare Association and the California Dental Association expressed fear that these changes would result in an increased attacks in the Medical Injury Compensation Reform Act. This Act is the old tort reform that is responsible for keeping the market of medical liability insurance stable (Albert, 2004). The tightening of the law by the state of California resulted in nearly $ 3,000, 000 in fines. These fines were being levied against hospitals in Los Angeles, San Francisco, and San Diego etc. These changes in legislation have resulted in drastic changes in hospitals especially with regard to surgical policies across the state (Scarlet Law group, 2012). References Albert, T.(2004). California tort reform shaken by abuse laws as court creates inpatient loophole. Retrieved from: Buchbinder, S.B., & Shanks, N.H. (2012). Ethics and law. In M. Gartside & T.Reilley (Ed.), Introduction to healthcare management (333-363). Burlington. MA: Jones & Bartlett Learning. Harleston, J. (2002). Medical malpractice tort reform. Retrieved from: Scarlet Law Group (2012). California medical malpractice issues draw scrutiny from state. Retrieved from: draw-scrutiny-from-state.html Read More
Cite this document
  • APA
  • MLA
(“Health Sciences - Tort Reform Assignment Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from
(Health Sciences - Tort Reform Assignment Example | Topics and Well Written Essays - 750 Words)
“Health Sciences - Tort Reform Assignment Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Health Sciences - Tort Reform

The Distinction Between the Tort of Negligence and the Tort of Nuisance

There are many instances in which establishing a claim in private nuisance does not require proof of negligence and it, therefore, remains necessary to maintain the tort of private nuisance distinct from the tort of negligence. The discussion that follows will demonstrate the necessity by comparing and contrasting both torts.
The tort of negligence is founded on the principles enunciated in the House of Lords decision in Donoghue v Stevenson which essentially defines the duty of care and situations in which a breach of that duty will give rise to a claim in negligence. Lord Atkin explained that we are required to take all necessary precautions to prevent injury to our neighbours. He goes on to fully explain the duty of care i...
17 Pages(4250 words)Case Study

The Speciality of Colonial Heights Health Care

Colonial Heights Health care and rehabilitation center provides interdisciplinary support for the medical and physical needs of the patient with sickness and injury. They include neurological events, orthopedic surgery, oncology care, and general surgery. Other medical services comprise IV Infusion Therapy, specialised Alzheimer’s care, tracheotomy care, wound care management, rehabilitative nursing, occupational and speech therapy, etc. Respite care of the hospital provides clinical, psychological and emotional assistance through caregivers for patients who require additional support. Social Services of the health care center include volunteer programs, café dining, special outing, family gatherings, social service c...
12 Pages(3000 words)Assignment

National Health Service Human Resource Planning

There are about 1500 primary care dentists who are working on a salaried basis with the NHS, in most cases employed by primary care trusts. This group of individuals was a part of the local government earlier but in 1974, they were transferred into the NHS. (Personnel Today, 2007). Starting from the year 1997 onwards, the U.K. Department for Education and Employment had allowed for additional funding of $7.2 million to ensure that medical schools are able to pay clinical academia staff the awards that have been recommended for doctors and dentists in the NHS, by the Doctors and Dentists Review Body (Beecham, 1996). This move was initiated to introduce pay parity because university employers found it difficult to pay the 3.8% incre...
14 Pages(3500 words)Term Paper

Decision Making in Health and Social Care

Consumer sovereignty principle illustrates the fact that in a free market economy the consumer is free to consume what he wants. However, the consumer’s sovereignty does not have meaning if he/she is unable to buy what he/she wants. This paradox is solved through government intervention in the provision of those merit goods such as health care and education. On the other hand, agency theory indicates that conflicts between principals (e.g. shareholders or owners) and agents (e.g. managers) occur as a result of the latter misrepresenting facts and misinterpreting information so that resources can be diverted to uses which they regard as more lucrative. Since principals cannot themselves carry out the task of managing the busi...
8 Pages(2000 words)Case Study

The Relationship Between Security, Risk and Health in a Large Organisation

Managers in modern organizations tend to use appropriately customized policies – in accordance with their firms’ needs and resources (employees, funds, technology) available. The current paper focuses on the examination of the various aspects of security, risk, health and safety within large organizations; Particular emphasis is paid on the fact that the demands of each one of these factors may be differentiated under the pressure of the market conditions and the organizational priorities. The case of Shell in Nigeria has been used as an example in order to show the potential co-existence and interaction of these factors within a specific organizational environment. The measures required and the role of the security ma...
9 Pages(2250 words)Coursework

Indigenous Community Health in Central Queensland-Australia

Though present in many regions of Australia, New South Wales, and Queensland make up for the largest concentrations of the indigenous population. A larger percentage of this population inhabit rural and remote areas. The median age of this indigenous population is 21 years, which is much lower than the non-indigenous population at 37 years. High fertility rates and low life spans in the indigenous community are believed to be the cause of this disparity in median age. Unemployment and low earnings are characteristic differences in the indigenous population and the non-indigenous population. The unemployment rate of the indigenous population is threefold that of the non-indigenous population. The average weekly income of the indige...
6 Pages(1500 words)Coursework

Forensic Mental Health

In contemporary society, we do have a moral obligation to treat everyone who enters the criminal justice system fairly. However, there are two aspects of this argument that seem to be developing. On the other hand, someone who does not have control of themselves because of mental illness may need to be seen differently than what has been set for "normal" criminals. The literature points in both directions and this can be a difficult call when people are actually entering the system.

In the current literature, the current criminal justice system has specific ideas of what should be done when an individual commits a crime. As an example, Carvan (1999) poses a question in a case study that is pertinent to the shit study. I...
10 Pages(2500 words)Coursework

Health Benefits of Meditation

The techniques of yoga have been demonstrated to be effective in maintaining a healthy balance between the body and the mind. As such, yoga corrects any defects in the human body (Javnbakht, Kenari and Ghasemi 102).

There are four types of yoga, namely Bhakti yoga, Karma Yoga, Gyana yoga, and Ashtanga yoga. However, all these varieties of yoga aim to provide individuals with the ability to manage and develop the health of the body and the mind. Yoga diminishes stress and its associated disorders. Several studies in this area, have suggested that yoga is an efficient system to address stress-related disorders (Javnbakht, Kenari and Ghasemi 102).

The practice of Asanas has an interrelated effect on the various...
10 Pages(2500 words)Thesis

The Interprofessional Practice and the Health Care System

This is also the position Stone (2007) takes in the quote under discussion.
Furthermore, Stone goes on to declare that Australia has been very slow to implement this practice as compared with other countries and government agencies. One of the primary reasons is that the public policy system in Australia is quite complex and the decision-makers have not come into agreement on where to place it in the policy matrix. This leaves Interprofessional Practice and Education in the dark (or the cold) as far as strategic planning for implementation as well as placing itself within the funding cycles of the government disbursements. (Stone, 2007)
Policies are created in order to put in place how politicians and government official...
6 Pages(1500 words)Assignment

Lack of Health Insurance for the Mentally Ill

Worse, because the family sometimes cannot afford to cover their medical expenses, these mentally ill patients end up with no medical care at all; they are forced to suffer the debilitating symptoms of their mental illness and to be subjected to worsening mental and general health conditions.
This paper shall discuss the lack of insurance among mentally ill patients. It shall first describe the mental health issue and the student’s position on such an issue. This paper shall also explain why this position is important and the relevance of the position to nursing practice, the mentally ill, and society. The rationale of this position shall be clearly explained and two factors that contribute to this issue shall be identi...
8 Pages(2000 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic Health Sciences - Tort Reform for FREE!

Contact Us