Medical Malpractice

3261 words 14 pages
Brian Ardizzoni
Michael Neil
English 1301, Composition 1
25 November 2012

Medical Malpractice For nearly forty years, tort reform constantly becomes an increasingly

controversial issue affecting the medical community, the legal community and most of

all, the victims of some very unfortunate accidents. Tort reform refers to laws passed

on a state-by-state basis which place limits or caps on the type or amount of damages

awarded in personal injury lawsuits. Those who advocate medical malpractice tort

reform believe limitations should be set on the amount of damages a plaintiff or

injured party can be rewarded by the court. These advocates usually include medical

professionals and insurance companies.
…show more content…

Broad reforms, however desirable, seldom surmount high

political and practical hurdles. A good, more evenhanded start would seek to

make claims resolution faster, more accurate, more predictable and less

expensive, while separately promoting medical quality and safety as well as

greater transparency for law, medicine and insurance.

This article states that though the medical profession’s held in high regard,

there is public backlash against managed care. The legal system purports to

oversee medical care and later deter substandard care, yet huge problems exist,

though both the number and the size of lawsuits have increased by an order of

magnitude since modern medical liability began to emerge half century ago. This

is the key failure of liability as an injury-reduction system. Liability also fails to

contribute to another aspect of the rule of law, that is, to create a predictable

framework within which people can organize their affairs.

Carroll, Aaron. “The Impact of Defense Expenses in Medical Malpractice Claims.” Journal of Law, Medicine and Ethics. Volume 14 (2012): 135-142. Web

Carroll’s article shows wherever health care reform is debated, the state of

medical professional liability (MPL) system in the United States re-emerges as an

issue if importance. The issues with the MPL system


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