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Legislation in the health care setting
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Do Medical Malpractice Costs Affect the Delivery of Healthcare? Medical malpractice occurs when a healthcare professional or provider deviates from standard of care and fails to provide appropriate treatment or take an appropriate action that causes harm, injury or death to a patient. Medical malpractice law makes it possible for patients to recover compensation for any harm due to the negligence of healthcare provider and to prevent providers from practicing negligence (Kessler, 2011). Medical malpractice insurance, also called medical liability coverage is required in most states, hospitals and physician groups for a physician to practice medicine. The cost of medical liability coverage varies from state to state, medical specialty and has the potential to affect the delivery of …show more content…
Through a series of laws, Louisiana has established a Patient’s Compensation Fund (PCF) that automatically covers all state health care providers. The fund is designed to compensate patients who suffered loss, damages and expense because of professional malpractice by a health care provider who is a member of the fund. Private providers may join the Fund as long as they meet few requirements. The revenue is generated through surcharges paid by private healthcare providers, including hospitals, physicians, nursing homes, chiropractors, optometrists, dentist, oral surgeons and nurses. Damage caps in medical malpractice cases are based on joining the PCF. Recovery against a health care provider is limited to $100,000 per patient plus interest per patient per incident. Anything in access of this cap is placed in the patient care fund. A total recovery in medical malpractice cases is limited to $500,000 plus the cost of any future medical expenses. The PCF pays for any future medical expenses directly (Dekaris, Mims,
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the 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 compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
In the State of Hawaii, there exists a Medical Liability/Malpractice Joint and Several Liabilities Statute. This allows people to pursue a civil lawsuit against a physician(s) or other health care providers. It allows people to sue for damages in the event of an injury or death as a result of negligent behavior. In order to recover damages, a person must establish the following:
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).
In the medical ethics case study given to me, Justin is new nurse at a hospital and has become great help to the other employees but he makes mistakes often. When it comes to medical ethics, it is important to do what you know is morally correct. We all want to be good Christians and make the right decisions but sometimes those decisions will affect others negatively. We may not always act how we ought to but those decisions do affect who we are.
The amount of money that is spent on healthcare is a quite a bit of money but about 10% of all the money is a result of some sort of medical fraud or abuse. This is about 120 billion dollars. With HIPAA (Health Insurance Portability and Accountability Act) medical fraud and abuse can be tracked easier. HIPAA was enacted in august of 1996; this was to help improve the portability and continuity of the health insurance.
The malpractice must be filed within two years after the incident was discovered but with no more than four years after in case of fraudulent concealment or intentional misinterpretation. However, this should not be beyond seven years after the occurrence of the actual incident (Miller, 2006). Many states have implemented no limit on the award given on the victim if he wins the case and the total sum to be given is dependent on the decision of the jury. However, the state of Florida implements caps on the amount of award to be given. Non-economic damages ranges from $500,000 to $1,500,000 only and may be doubled in severe injury on the patient and depending on the circumstances of the malpractice and its effects on the individual and immediate family.
That is the rising number of negligent acts committed by medical professionals. Failure to follow standard of practice is the leading root cause of the troubles involving malpractice. Failure to assess and monitor the patient, failure to communicate, medication errors, negligent delegation or supervision and failure to obtain informed consent from patients are the top failures leading to malpractice. The American Nurses Association provides scopes and standards that if followed could prevent many of the negligent acts. Duty, Breach of Duty, Foreseeability, Causation, Injury, Damages must be proven for a nurse to be held
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.
Rotarius, T. & Liberman, A. (2000, September). Professional liability insurance for health care organizations—Several significant considerations. The Health Care Manager 19 (1), 59. Retrieved August 1, 2010 from http://proquest.umi.com/pqdweb?did=59216125&sid=1&Fmt=2&clientId=29440&RQT=309&VName=PQD
Is was estimated back 2011, a $2.27 was spend and over four billion in insurance claims were processed in the U.S..
The purpose f this paper is to answer the following question- where does patient autonomy leave off and professional expertise begin in the practice of medicine? Also, a brief personal analysis about the differences between doctors encouraging patients to question their judgment and doctors who believe that such deference is “pandering.”
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
My view of this medical professional liability program (program) administrated by CAP continues to be favorable. My review of the selected claim files revealed no deficiencies in either their reserving practices or in the management of the claims. The claims continue to be managed solely by CAP’s Sr. Claims Specialist, Steve Weitzer who has been overseeing this program for the past 19 years. Mr. Weitzer along with HAPI’s Executive Vice President, Norm Slaustas are highly engaged with on another and work in a true partnership to produce a quality claims product on behalf of HAPI. We can expect HAPI along with CAP to have a positive impact on our treaty’s performance.
Utilitarianism is the ethical and moral philosophy that has a tendency to grant people the full benefit. In this case; it is not only advantage for the facility, but also the patient who is affected. The act seeks to maximize utility of an action rather than on its fundamental of the basis Utilitarianism is built on the theory that promotes happiness and satisfaction through the eyes of majority. This concept is stated as, "the greatest good of the greatest number" (pg.36). The purpose of this paper is to discuss the code of ethics and how it affects the patients if not followed and personal reaction on the Bayless and the nurse situation.
There are many unnecessary lawsuits in the health care industry. There are many areas to focus on that can be used to distinguish between appropriate and unnecessary lawsuits. However, the two areas to focus on are whether the patient is compliance to care and abuse. Patient that is not compliance with their care should not qualify to sue any health worker. When they file for a lawsuit it is unnecessary.