LAW5- Medical Malpractice and Tort Reform 1
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Medical malpractice is one area where tort reform is argued most heavily. Some concerns are that caps on damages might result in costs that ultimately fall on the taxpayer; other concerns are the increase in medical expenses for tests ordered before diagnosis by physicians hoping to eliminate a future claim of medical malpractice.
First research medical malpractice for an understanding of the elements of this cause of action. Then read the following two articles and answer the questions posed.
Kenney K. (2009 Aug. 9). Fixing health care reform requires tort reform. Retrieved fromhttp://www.npr.org/sections/money/2009/08/fixing_health_care_requires_to.html
Doroshow J. (2009 Nov. 9). Medical malpractice tort reform-we are already suffering and dont need more. Retrieved from http://www.huffingtonpost.com/joanne-doroshow/medical-malpractice-tort_b_350573.html
As a helpful explanation in the area of torts we see many causes of action that are comprised of elements. For instance if we discuss a situation involving negligence we would define negligence stating Negligence occurs when a persons conduct falls below the standard of care resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing.The elements of negligence are 1) duty; 2) breach; 3) causation; and 4) damages. Then each element would be analyzed determining whether each one was met. It is imperative that each element of a tort claim is met for the plaintiff to prevail in a suit.
– paper should be 2-3 pages in length not including the title or reference page.
3-4 american references
APA guidelines
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