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rising cost of healthcare essays
tort reform in the us
real reason why healthcare cost is on the rise
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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 costs of health care by reducing the risk of civil litigation and exposure to fraudulent claims (“What”). However, the real factor at hand and the real cause of the industry’s high costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuits. Thus, large public support exists for tort reform. While the proposed legislation enacted through tort reform could cut the costs of health care and positively transform the industry, it is ultimately unconstitutional and could not withstand judicial scrutiny. The crisis centers around malpractice lawsuits. When patients can sue doctors and come away with unreasonable profits, doctors must invest great sums in insurance to cover these lawsuits; additionally, to avoid any claim of malpractice, they feel compelled to overanalyze routine ailments, often investing great sums of money to rule out rare afflictions (Studdert). The impact of these procedures spikes health care costs by as much as 30% (Kimbuende), putting affordable health care out of reach for many, while benefiting parties profiting from the excessive lawsuits. Tort reform aims to eliminate these extraneous costs th... ... middle of paper ... ...Scientific Publications, LLC., 2005. Web. 28 May 2010. . Studdert, David M. "Defensive Medicine Among High-Risk Specialist Physicians in a Volatile Malpractice Environment, June 1, 2005, Studdert Et Al. 293 (21): 2609." JAMA, the Journal of the American Medical Association, a Weekly Peer-reviewed Medical Journal Published by AMA. American Medical Association, 1 June 2005. Web. 31 May 2010. . "The United States Constitution - The U.S. Constitution Online - USConstitution.net." The U.S. Constitution Online - USConstitution.net. Steve Mount, 2010. Web. 28 May 2010. . What Is Tort Reform, Anyway? A User-Friendly Guide. 31 Oct. 2003. Web. 28 May 2010. .
Given the difficulties in the present tort system, we often become victims of the failures of medicine as opposed to beneficiaries of its many successes. Physicians have lost in that they have changed, limited, or closed their practices after having spent the most vigorous years of their lives training for such work. Patients have lost in that the physicians of their choice, with whom they have developed trusting relationships, are no longer available to care for them. It is certain that the system requires sensible reform (p.525).
"The United States Constitution - The U.S. Constitution Online - USConstitution.net." Index Page - The U.S. Constitution Online - USConstitution.net. Web. 09 Aug. 2010. .
I am going to write this paper on tort reform, what it is and its overarching role in the documentary. Tort Reform is defined as “proposed changes in the civil justice system that aim to reduce the ability of victims to bring litigation or to reduce damages they can receive”. Another theme that I believe ties in really well with the idea of tort reform is the idea of how big of an influence money has in politics. Many people would agree that there are a lot of companies that would want tort reform so they don’t have to worry about losing millions of dollars.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
The United States (U.S.) has a health care system that is much different than any other health care system in the world (Nies & McEwen, 2015). It is frequently recognized as one with most recent technological inventions, but at the same time is often criticized for being overly expensive (Nies & McEwen, 2015). In 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA) (U. S. Department of Health & Human Services, n.d.) This plan was implemented in an attempt to make preventative care more affordable and accessible for all uninsured Americans (U.S. Department of Health & Human Services, n.d.). Under the law, the new Patient’s Bill of Rights gives consumers the power to be in charge of their health care choices. (U.S. Department of Health & Human Services, n.d.).
Governing bodies for the prevention, treatment, and management of illnesses in America are now in a commotion because of the cost of care and patient access and the need for a more efficient system. There are approximately 50 or more million people currently in The United States that are without insurance today. In March of 2010 a country wide health care charge called The Patient Protection and Affordable Care Act was passed, that seemed to offer solutions to some of the major issues facing our health care system. June of 2012, this new health care law or tax was challenged in the U. S. Supreme Court on the Constitutionality of the bill with proponents wanted the Act repealed. A few weeks later the Supreme Court gave its answer, which was the law or tax is Constitutional and upheld it as tax. One of the biggest issues to this Act was the part where all Americans have to be insured by someone or be penalized, but the final analysis of this...
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. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
"The United States Constitution - The U.S. Constitution Online - USConstitution.net." Index Page - The U.S. Constitution Online - USConstitution.net. Web. 17 Feb. 2011. .
Berman, M. L. (2011). From Health Care Reform to Public Health Reform. Journal of Law, Medicine & Ethics, 39(3), 328-339. doi:10.1111/j.1748-720X.2011.00603.x
Due to an increased amount of testing and medication, patients in the United States often see a dramatic price difference for the same medical procedures that are much cheaper in other nations. The average hospital bill in the U.S. is $1695 with $226 coming from defensive practices (Rothberg). It is also costly to the nation as a whole. “While defensive medicine may provide medical malpractice insurance savings for doctors, it increases healthcare costs for patients. Some estimates put defensive medicine healthcare spending at $650 billion nationally – roughly $100 a month for every American or 4.5 percent of our gross domestic product” (Defensive Medicine). With growing poverty levels in the United States, it has become increasingly hard for the average American to seek medical attention in a time of need. The extravagant costs of obtaining healthcare in the United States are related to the increasing amount of physicians practicing defensive
Saldin, Robert. "Wonder Drug Or Bad Medicine? A Short History Of Healthcare Reform And A Prognosis For Its Future." Juniata Voices 11.(2011): 83-91. Academic Search Premier. Web. 11 May 2014.
The contentious debate about our healthcare system is an epitome of the ongoing political circus in America. With the 2012 elections looming just around the corner, we can expect the vitriol to rise rapidly. Our country spends twice as much on health care per capita compared to other developed countries. The current system is so dysfunctional and projected spending will increase every year, putting an unbelievable strain to our fragile economy. Majority of health care dollars spending are channeled on to patients with chronic illnesses, many of which can be prevented. Unfortunately, medical doctors practicing preventive care are being squeezed out of the equation. The shortage of primary care doctors in America is inevitable because of limited income, lesser prestige, and fewer opportunities.
Rising medical costs are a worldwide problem, but nowhere are they higher than in the U.S. Although Americans with good health insurance coverage may get the best medical treatment in the world, the health of the average American, as measured by life expectancy and infant mortality, is below the average of other major industrial countries. Inefficiency, fraud and the expense of malpractice suits are often blamed for high U.S. costs, but the major reason is overinvestment in technology and personnel.
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.