Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Apology legislation has gained traction in the United States health sector in recent years. The laws have gained significant attention in the recent past due to the belief that apologies made by healthcare providers and professionals for serious medical events help to mitigate patients’ decisions on whether to litigate. Currently, these laws have been enacted in twenty-nine states. Based on the provisions of most of these laws, the apologetic expressions of sympathy by healthcare providers cannot be used against them in court. The United States has witnessed the increased implementation of apology legislation as part of the movement to dismantle what has traditionally been a deny-and-defend culture in medical practice. According to Daigle (2017), the enactment of apology legislation is expected to help avoid lawsuits, lessen the overall administrative costs related to litigating cases, enhance communication between parties, promote alternative dispute resolution, and lessen malpractice insurance and overall healthcare costs.
While these laws have some benefits, there are concerns on the extent to which they help prevent or reduce malpractice claims. Stakeholders within the healthcare sector are increasingly concerned about whether apology legislation has an impact on preventing/lessening malpractice claims in medical practice. Studies on the effectiveness of apology laws have shown that they are not entirely effective in preventing malpractice claims. Even though apology laws have reduced malpractice claims, they have failed to prevent them and are not effectively accomplishing their intended purposes. The failure is attributable to the fact that these laws promote and protect ineffective apologies from healthcare providers to patients (Davis, 2016). These laws are filled with restrictions and a substantial amount of legalese that make it difficult for healthcare providers to continue apologizing. Therefore, apology legislation has failed to achieve the intended purpose and failed to reduce malpractice claims, which is a growing problem in the US.
References
Daigle, E. (2017). Apology Law: A Federal Standard for the Protection of Apologies Following Medical Harm. Journal of Health Care Finance, 136(140), 1-18. Retrieved from https://healthfinancejournal.com/index.php/johcf/article/download/136/140
Davis, E.R. (2016). I’m Sorry I’m Scared of Litigation: Evaluating the Effectiveness of Apology Laws. The Forum: A Tennessee Student Legal Journal, 3(1), 70-100. Retrieved from https://trace.tennessee.edu/cgi/viewcontent.cgi?article=1011&context=forum
..bad investment choices, in addition to the underwriting cycle, have led to dwindling profits for insurers, who then try to recoup their losses through over-priced insurance products. Lawyers and consumer groups generally support efforts to reform the insurance industry in order to rein in premiums." (Cohen, 2005) The work of Miller (2003) entitled: "Liability for Medical Malpractice: Issues and Evidence" states that over the past "...several years" witnessed has been an
Medical Malpractice Myth Review A summary of the book The Medical Malpractice Myth authored by Tom Baker, tackles the complex subject of medical malpractices in an insightful and concise manner. Mr. Baker is an accomplished professor of law who specializes in Insurance and Tort Law. In the first few pages of the book, Mr. Baker, lays out the myth; i.e. that an unprecedented number of people are filing medical malpractice lawsuits and
However, Carol's use of the Internet for personal matters during the workday is also an example of how mixing work and personal matters can make it difficult for employees to get along. All workers should be reminded of the need to exercise good judgment and to keep work and personal matters separate. They should be referred to the relevant company policies in the employee handbook, if necessary. Bob in
Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be answered in relation to the agency theory in determining the role of Dr. Williams in this encounter (Tenn Ct App 1970). The article also focuses on reviewing the case of Edmands v. Chamberlain Memorial Hospital in the context of 1978. The case
legal issue and that pertains to respiratory care. As part of this article review, the author will give the purpose of the article, will answer as to why it is important to investigate the subject of the article, how the author(s) of the article carried out the task, the findings the article came, whether those findings were clearly stated and how much of article applied to the profession in
Medical Malpractice/Frivolous Lawsuits The Effect of Medical Malpractice/Frivolous Lawsuits on Healthcare The costs of medical malpractice insurance are rising yearly. These expenses affect medical practitioners in a number of ways, including such things as from where they choose to practice medicine, to the number of tests and types and medical procedures ordered. Many doctors in various specialties are aware that the laws and regulations that govern malpractice insurance vary from state to