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Medical Malpractice Reform

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by

Eric Cornell

on 12 February 2016

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Transcript of Medical Malpractice Reform

Maria Franco
Eric Cornell
Alex Smith

Medical malpractice
reform
Medical Malpractice and Tort Law
Tort Law
Medical Malpractice Reform under the Tort Law System
Error in diagnosis
Tort law
A civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor
Reform
No Reform
Reduced Quality of care
Facts:

In the year 2012 more than 200,000 deaths
occurred due to medical negligence.

According to the FBI, in that same year, there were a total of 8,855 firearm related homicides in the United States.
That is 20X more deaths due to medical negligence
than due to gun homicides in this country!
Today, the number of deaths from medical malpractice is up to 440,000 or more in the U.S.
That is roughly one-sixth of the number
of people that died in the U.S. in 2015
Caps on Monetary Amount rewarded in Medical Malpractice cases.
Limiting number of cases of Malpractice that go to court.
Replace jury trials with special medical malpractice
courts with medically trained judges.

Pros
Cons
&
No cap on non-economic damages compensated in court
Incentive to practice defensive medicine
Less Cases of Medical Malpractice
Increased insurance premiums for all parties
Pros
&
Cons
Of Reform
Of no Reform
Everyone pays less
on their premiums
Increased Cost of Healthcare
More money in your pocket
So what would you decide?
More Reform?
or less reform?
Or is there an optimal
solution in-between the two?
Fault in the aftercare of a patient
Administering the wrong medication or dosage
Less Defensive Medicine
Error during treatment or surgery
Court Cases are less costly
Lower hospital operating costs
Doctors have less risk of being sued
More
What is Medical Malpractice?
Types of Medical Malpractice
What is Medical Malpractice?
Medical malpractice, also known as medical negligence,
is a legal cause of action that occurs when a medical professional deviates from standards in his or her profession which ends up causing injury or damages to a patient.
What is Defensive Medicine?
Defensive medicine is a measure taken by doctors to perform sometimes unnecessary tests and procedures on the patient to avoid making a mistake and a possible lawsuit. Around 93% of doctors perform defensive medicine.
1 in 14 U.S. doctors faces a malpractice lawsuit every year
1 in every 4 dollars spent in healthcare can be attributed to defensive medicine, which adds up to about $650 billion a year.
I want to hear from you!
The End
What we think is the most
optimal solution
Full transcript