Medical malpractices reforms have the mandate to compensate patients who have suffered due to the negligence of medical health providers and to penalize physicians whose actions lead to the injury suffered by the patients. However, the current system does not achieve this objective. The patients suffer because the tort system, for example, does not provide the compensation in time and there isn’t any equity in provision of such compensation. This reform affects the trust of patients in that it takes lengthy days for them to get justice.
Medical Malpractice Tort Reform On Health These malpractices and liabilities involved also increases the incentives for health care providers to take greater precaution thereby avoiding unnecessary risks (Born, et al, 2017). The reduction in these liabilities could also affect the patients as there will be high cost of medical treatment as provider will always opt for a profitable practice that is less risky. The cost of health care could increase and the quality decreasing.
The provider- patient relationship is also very important in that it will help in analysis of this reforms and a proper solution will be in place for all of them to benefit. This relationship will also be important in observing the ethical ideals of medicine. A good relationship will always allow the health provider to also owe any responsibility to a patient. Medical Malpractice Tort Reform On Health The effect of good relationship will ensure that a prime health care is provided to the patient and incase of any misunderstanding a proper channel is followed to get a solution (Born et al, 2017). To achieve a better relationship focus should be based on professional boundaries to be maintained between a provider and patient, having an informed consent with proper communication with a patient and their family members with all the legal opinions and lastly trust to be developed as this will help a doctor and patient comply with guidance in place Medical Malpractice Tort Reform On Health.
There is general agreement that the medical malpractice system is costly and inefficient. Medical Malpractice Tort Reform On Health National estimates of medical liability system costs—including settlements, legal and administrative costs and defensive medicine—range from $55.6 billion annually (2.4 percent of total health spending) to $200 billion annually (10 percent of health care spending). Evidence indicates the system does not compensate all patients equitably, rapidly or efficiently; delivers compensation to a small share of injured people; does not appear to reduce medical errors; may hamper efforts to improve patient safety; and, in some cases, leads to unnecessary tests and procedures.
Although medical malpractice premium rates nationwide began moderating in 2005 and fell an average of 4 percent in 2008 and 10 percent in 2009, this occurred after an extended period of sharply rising rates. Rates vary widely from state to state and by specialty; obstetricians and neurosurgeons pay among the highest rates—as much as $200,000 per year or more.
Medical malpractice reform proponents argue that tort reforms—such as limiting malpractice awards, tightening statutes of limitations for filing claims and screening cases before they go to trial—not only reduce overall medical care spending but also increase access to care. Medical Malpractice Tort Reform On Health Opponents dispute these claims, arguing that “a nationwide crackdown on malpractice, not a campaign to roll back the rights of patients who are injured” is needed instead.
Reference
Born, P. H., Karl, J. B., & Viscusi, W. K. (2017). The net effects of medical malpractice tort reform on health insurance losses: the Texas experience. Health economics review, 7(1), 1-16 Medical Malpractice Tort Reform On Health.
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