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Rising cost of healthcare essays
Tort reform in the us
The real reason why healthcare costs are 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. .
"The United States Constitution - The U.S. Constitution Online - USConstitution.net." Index Page - The U.S. Constitution Online - USConstitution.net. Web. 09 Aug. 2010. .
October 5, 2013 in Cornell Law. CRS/LII Annotated Constitution of the United States. Cornell University Law School, Inc. 2013. The. Web. The Web.
For decades, one of the many externalities that the government is trying to solve is the rising costs of healthcare. "Rising healthcare costs have hurt American competitiveness, forced too many families into bankruptcy to get their families the care they need, and driven up our nation's long-term deficit" ("Deficit-Reducing Healthcare Reform," 2014). The United States national government plays a major role in organizing, overseeing, financing, and more so than ever delivering health care (Jaffe, 2009). Though the government does not provide healthcare directly, it serves as a financing agent for publicly funded healthcare programs through the taxation of citizens. The total share of the national publicly funded health spending by various governments amounts to 4 percent of the nation's gross domestic product, GDP (Jaffe, 2009). By 2019, government spending on Medicare and Medicaid is expected to rise to 6 percent and 12 percent by 2050 (Jaffe, 2009). The percentages, documented from the Health Policy Brief (2009) by Jaffe, are from Medicare and Medicaid alone. The rapid rates are not due to increase of enrollment but growth in per capita costs for providing healthcare, especially via Medicare.
Healthcare has been a topic of discussion with the majority of the country. Issues with insurance coverage, rising costs, limited options to gain coverage, and the quality of healthcare have become concerns for law makers, healthcare providers and the general public. Some of those concerns were alleviated with the passing of the Affordable Care Act, but new concerns have developed with problems that have occurred in the implementation of the new law. The main concerns of the country are if the Affordable Care Act will be able to overcome the issues that plagued the old healthcare system, the cost of the program, and how will the new law affect the quality of the health delivery system.
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.
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.).
AShmoop Editorial Team. "Constitution FAQ." Shmoop.com. Shmoop University, Inc., 11 Nov. 2008. Web. 14 Mar. 2014.
Constitution of the United States. (n.d.). National Archives and Records Administration. Retrieved February 21, 2014, from http://www.archives.gov/exhibits/charters/
"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
Health Care Reform There has been a lot of talk and debate lately over Health Care Reform, as people are trying to answer the question – Should a universally accessible health care system be implemented in the United States (US)? This ongoing highly debatable issue remains a hot topic among US citizens from all walks of life, from the very poor to the very wealthy. Health Care Reform affects everyone. The vast majority of the US population is very dissatisfied with the current state of health care.
Natelson, Rob. "The Founders and the 2nd Amendment." Tenth Amendment Center [San Jose] 1 Apr. 2013: 3. Print.
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.
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.
Reforming health care system has been a hot topic for many years. A society's commitment to health care reflects some of it's most basic values about what it is to be a member of the human community (Cockerham, 2012). Legislators have been proposing diferrent policies in an effort to solve this dilemma without significant progress. All proposals to expand insurance coverage have had certain flaws and were sometimes far from being ideal or even realistic.