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.
Leflar's Analysis Of Medical Malpractice Reform
Leflar (2013) analyzes how medical malpractice reform is affecting the health care industry in his medical ethics study entitled "Medical Malpractice Reform Measures and Their Effects." Leflar describes three types of reform initiatives placed into effect in the recent past: limited-liability reforms which favor the health care providers, procedural reforms said to promote safe harbor laws, and systematic overhaul reforms which "move liability away from physicians to hospitals or administrative no-fault compensation systems" (Leflar, 2013, p. 306). Leflar also assesses the current state of reforms already in place, such as damage caps, and that they ineffective at achieving the aims sought by medical malpractice reformers. Leflar suggests that more attention should be given to reforms which concentrate on no-fault systems, safe harbor laws, patient comp funds, early offers, etc.
Leflar notes how malpractice law stems from the tort law and that the earliest laws tended to favor the health care industry by making the goal to reduce the number of claims on the behalf of patients and families. "Payout limitations" were the effect of these early reforms (Leflar, 2013, p. 307).
These early reforms were followed by the next...
I have seen this first hand in my own experience in hospitals, where doctors are encouraged by pharmaceutical companies to give their patients certain drugs, whose efficacy is "proven" by certain tests, etc. I have seen it first hand in hospitals where doctors are encouraged to perform scheduled c-sections on pregnant women, a process which blunts the natural process of child-birth but guarantees extra profits for a number of industries operating in conjunction with the doctor (the anesthesiologist, etc.). What is most alarming about Leflar's study is that it points out how complicated the law, which initially served to protect the industry, has become and how difficult it is for a patient to receive impartial and affordable health care. Too many lives, careers, and profits-to-be-made…
Reference
Leflar, R. (2013). Medical Malpractice Reform Measures and Their Effects. Chest,
144(1): 306-318.
health care in the United States has been the source of heated debate for a number of years. Although the publicity surrounding the issue has been considerable and made to look like it is a recent problem facing the nation, the problem, in reality, has been on the horizon for nearly a century. During President Woodrow Wilson's administration, efforts were unsuccessfully made to pass national legislation regarding the delivery
Fault: An Alternative to the Current Tort-Based System in England and Wales The United Kingdom statistics regarding claims THE NATIONAL HEALTH SYSTEM OBSTACLES TO DUE PROCESS THE CASE FOR REFORM THE REGULATORY ENVIRONMENT THE RISING COST OF LITIGATION LORD WOOLF'S REFORMS MORE COST CONTROLS THE UNITED STATES PAUL'S PULLOUT THE INSURANCE INDUSTRY TORT REFORM IN AMERICA FLEEING PHYSICIANS STATISTICS FOR ERROR, INJURY AND DEATH THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN THE UNITED STATES SITUATION, IN SUMMARY NEW ZEALAND CASE STUDIES THE SWEDISH SCHEME COMPARISON: WHICH SYSTEM IS
The plaintiff, however, has a burden of proof prior to any other technical issues. In addition, because of the nature of the allegation, and the fact that normal members of a jury or judge cannot be expected to understand complext medical terms and procedures, expert witnesses are typically called -- usually for both sides (Uribe, 1999). In the United States, there have been several cases that have set international precedence
In the former approach, tradable goods, money or services are exchanged between buyers and sellers at a rate that is agreeable to all parties. This approach assumes both the buyers and sellers have enough money, services or goods to have their needs met. The latter approach, public provision, is when all is available to those on an as-needed basis. The Pharmaceutical and Manufacturing Association warns that whenever there is government
Polish Companies Reacted to Ethical Issues and Changes in Business Standards Since the Fall of Communism in 1989? Poland's Economy Pre-Communism's Fall Poland's Natural Resources Minerals and Fuels Agricultural Resources Labor Force The Polish Economy Under Communism System Structure Development Strategy The Centrally-Planned Economy Establishing the Planning Formula Retrenchment and Adjustment in the 1960s Reliance on Technology in the 1970s Reform Failure in the 1980s Poland's Economy After the Fall of Communism Poland After the Fall of Communism Fall of Communism Marketization and Stabilization Required Short-Term Changes Section