03 Mar Healthcare Management
9553Response to Discussion Post:
Medical liability reform has remained the focus of legislation to curve and control health care cost associated with malpractice of a provider. Medical Liability is defined as injury or harm that is imposed on a patient by a health service provider (Pandit et al. 2009). Medical liability is important because of the number of cases and monetary impact of damages on the health care systems throughout the world. Medical liability is based on fault by a health service provider, it attracts the attention of the providers and lawyers because of the amount of damages paid to patients, by the health care providers and the insurance company (Nikšić, 2013). Harm or injury imposed on the patient is the condition of liability which triggers liability, but it is not sufficient to product liability. Medical obligations or liabilities has become disastrous and has occasioned in extreme upsurges in insurance payments and decreased access of patients to specialty care facilities; present accountability atmosphere neither successfully reimburses persons incapacitated from medical carelessness nor inspires addressing system mistakes to progress patient protection (Weinstein, 2009).
Federal liability reforms were contemplated, but they did not survive the final bill. Congress continues to pursue reform and finally legislation authorized fifty million for states and health care systems to evaluate innovative approaches to resolve medical injury disputes; policy makers have shifted its attention to health reform bills to determine how to implement and pay for medical liability.
The reform approach that I favor is that of Caps on Damages. Kachalia & Mello, 2011 Table 2 & 3 of the Tradition Medical Liability Reforms and Summary of Evidence on the Effects of Traditional Medical Liability in which these elements addresses Reform, Liability and Care related measures. Table 2 report that limitations are placed on the monetary compensation that can be awarded in a malpractice trail for non-economic losses (pain and suffering), economic losses or both. This is favored as it will limit the amount a defendant may be required to pay – It is used in order to reduce the number of large awards to a person that has been harmed. When these limitations or caps are placed on the amount a person receives, this will help the health care system stability as will as decrease insurance cost and will reduce the liability of the health care provider (Morrisey et al., 2008). Table 3 reflects that the reforms made have no improved any of the liability concerns.
References
Kachalia, A & Mello, M. (2011) New Directions in Medical Liability Reform N Engl J Med
2011; 364:1564-1572 DOI: 10.1056/NEJMhpr1012821
Morrisey, M. A., Kilgore, M. L., & Nelson, L. J. (2008). Medical malpractice reform and
employer-sponsored health insurance premiums. Health services research, 43(6), 2124–2142. https://doi.org/10.1111/j.1475-6773.2008.00869.x
Nikšić S. (2013) Understanding Medical Liability. In: Beran R. (eds) Legal and Forensic
Medicine. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-32338-6_53
Pandit, M. S., & Pandit, S. (2009). Medical negligence: Coverage of the profession, duties,
ethics, case law, and enlightened defense – A legal perspective. Indian journal of urology
: IJU : journal of the Urological Society of India, 25(3), 372–378. https://doi.org/10.4103/0970-1591.56206
Weinstein S. L. (2009). Medical liability reform crisis 2008. Clinical orthopaedics and related
research, 467(2), 392–401. https://doi.org/10.1007/s11999-008-0603-y
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