Medical Malpractice

In: Business and Management

Submitted By allypat
Words 513
Pages 3
National estimates of medical liability system costs—including settlements, legal and administrative costs and defensive medicine—range from $55.6 billion annually to $200 billion annually (NCSL, 2011). Medical malpractice reform, also known as tort reform, includes strategies to limit medical malpractice costs, deter medical errors, and ensure that patients who are injured by medical negligence are fairly compensated. Tort reform has the potential to reduce health care expenditures by reducing the number of malpractice claims, the average size of malpractice awards and tort liability system administrative costs. It also may lead to fewer instances of defensive medicine where physicians order tests and procedures not primarily to ensure the health of the patient but as a safeguard against possible medical malpractice liability (NCSL, 2011). Medical malpractice reform proponents argue that tort reforms—such as limiting malpractice awards, tightening statutes of limitations for filing claims, increasing expert witness standards, and screening cases before they go to trial—not only reduce overall medical care spending but also increase access to care (NCSL, 2011). Strategies to improve malpractice claims include limiting awards; placing stricter limits on statutes of limitations; establishing minimum qualifications for expert witnesses; periodic payment provisions; modified Collateral Source Rules; Attorney Contingent fee limits; and other medical Liability related reforms such as patient compensations/injury funds, pre-trial alternative dispute resolution and screening panels, frivolous lawsuit penalties On March 23, 2010, when President Obama signed the ACA into law, only six pages in over 2000 page document related to medical liability reform. The Affordable Care Act authorizes states to explore alternatives to current tort litigation to resolve malpractice…...

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