Raising Medical Malpractice

Through the history of health care, the standard of care changed from protecting our patient from injury and illness to a systemic entity to make money for insurance companies. Access to services and clinical outcomes are dependent on what health insurance providers will “pay” for in a clinical or community setting; as a result, patient safety, care and satisfaction has been negatively impacted.

According to Attorney.com, Ohio malpractice law defines medical malpractice as when a medical professional, such as a doctor or a nurse, or a medical institution, such as a hospital, injures a patient during the course of a treatment. Furthermore, for this injury to be able to be considered medical malpractice, the doctor's actions must represent a breach, or violation, of the standard of care. A standard of care is defined as the generally accepted practices and procedures that all medical professionals in the area would administer for a patient suffering from a particular ailment. This standard of care varies depending on a number of factors, including the patient's general health as well as his or her age.

as defensive medicine practice, new technology, malpractice lawsuit and the uninsured. New technology is the biggest factor of the rising cost of healthcare to treated patient of their illness. New technologies have seemed to be the driving force of high healthcare cost in America. The technology accounts for 38 to 65 percent of healthcare spending in America (Johnson, 2011). The annual spending of health care increased from 75 billion in 1970 to 2.0 trillion in 2005 and is estimated to reach 4.0 trillion in 2015 (Kaiser Foundation, 2013). U.S. citizens spent 5,267 per capita for health care in 2002- 53 percent more than any other country” (2005). “America spent 5267 per capita and in Switzerland they spent 3074 per capita” about 1821 cheaper than ours (Starfield, B 2010). Controlling the technology isn’t easy thing to do because of technology prices are set by manufacturing and the installer of the new medical equipment’s. However, there other way

Tort reform has intense arguments to both sides and creates a myriad of concerns. On one side of the tort reform movement, defendants such as corporations and medical professionals want limits on the damages awarded to the plaintiff. The benefit of tort reform for defendant is the financial savings. However, a cap placed on medical malpractice cases and other cases that are of negligence would standardize the monetary compensation regardless of the damage. In my opinion, Medical malpractice tort reform is a gray area, for each breach of the standard of care involves a different story and person, therefore the damages vary and should be evaluated fairly. In this essay, both sides of the argument are discussed, with a focus on medical malpractice tort reform.

Living in the United States, there is one essential thing you need to have, which is health insurance. Health insurance is a type of insurance that can covers cost of medical and surgical expenses when you need them. Without health insurance, the cost of one single surgery would be a enormous number. But in the United States, there are about 46 million americans are uninsured. To them, the cost of health insurance is too high. In America, the average cost of health insurance per month is about $328 and the minimum wage per hour in here is $7.25(where cite from?). From here, we can conclude that it is too expensive for those people to get sick. So, is the health insurance cost unjustifiably high? The answer is the highly developed technology, waste of health care budget and the free competitor in the health insurance market, caused health insurance’s price to remain so high.

From a personal standpoint I believe that the excessiveness of litigation is hurting the field of healthcare due to the affects in many different areas. It reduces access that patients need. Due to the misuse and disloyal antics of people making false accusations to self gain we will continue to see a rise in healthcare. I do not feel that all accusations are false, but I do believe that litigation has become successful due to dishonesty. In order for there to be financial distress for us all as a country we must flow diligently with each other. From a malpractice standpoint they need to ensure that their patients are taken care of to the best of their ability and that they are taking the precautions needed to ensure no

In 2010, following much controversy, the Affordable Care Act (ACA) was deemed constitutional by the Supreme Court and signed into law. (Aoughsten, Johnson, Kuruvilla, & Bionat, 2015). Though this law is still relatively new, the public is reeling for a report on its effects on healthcare so far. The ACA is projected to reduce the uninsured rate by approximately 26 million by the year 2017, but people hunger for the effects on costs, the quality of their care, and any implications on their current healthcare situation (Blumenthal & Collins, 2014). The ACA strives to improve the overall healthcare system and create a patient-centered structure (Yuh, Dall’Era, Penson, & Evans, 2015). These goals have shifted the idea of healthcare we have always had in the United States and allowed healthcare to be focused on the patient as a whole and not just the disease they have. The Affordable Care Act should be continued as the United States healthcare

Furthermore, late diagnoses and untreated diagnose are costly for Americans, because untreated and extended lack of treatment cause for expensive medical procedures to ensure quality of life for people. Research by McWilliams (2009) supports, in its comprehensive study of the health consequences of uninsurance, Care without Coverage: Too Little, Too Late, the Institute of Medicine in 2002 found that uninsured adults in the United States have less access to recommended care, receive poorer quality of care, and experience worse health outcomes than insured adults do (IOM 2002) (Para 5). However, America’s public health reform may have a negative reflection with the latest implementation ACA, but there is some positive reflection.

Rising medical costs are a worldwide problem, but nowhere are they higher than in the U.S. Although Americans with good health insurance coverage may get the best medical treatment in the world, the health of the average American, as measured by life expectancy and infant mortality, is below the average of other major industrial countries. Inefficiency, fraud and the expense of malpractice suits are often blamed for high U.S. costs, but the major reason is overinvestment in technology and personnel.Health care costs are far higher in the United States than in any other advanced nation, whether measured in total dollars spent, as a percentage of the economy, or on a per capita basis. And health costs here have been rising significantly faster

The increase of expenses - As politicians continue their dissension amongst each other, the situation is worsening in our healthcare system. According to the World Health Organization, to achieve universal health coverage, countries need a financial system that enables people access to all types of health services without incurring financial hardship (Carrin, Mathauer, Xu, & Evans, 2011). This idea would be the foundation of innovative ideas that the U.S. could reform its healthcare system, but too many ideas are sabotaging any valid efforts. In the mean time, the U.S. healthcare system continues to deal with issues such as the increasing uninsured Americans (over 49 million), expensive administrative procedures and the inability to measure the accuracy of quality of care, access of care, and the increasing healthcare spending and financing that limit our ability to efficient utilize resources.

Rising medical costs are a worldwide problem, but nowhere are they higher than in the U.S. Although Americans with good health insurance coverage may get the best medical treatment in the world, the health of the average American, as measured by life expectancy and infant mortality, is below the average of other major industrial countries. Inefficiency, fraud and the expense of malpractice suits are often blamed for high U.S. costs, but the major reason is overinvestment in technology and personnel.

Total health care spending in 1975 consumed about 8 percent of the U.S economy in 1975. Today it accounts for nearly 16 percent of the gross domestic product and is projected to reach nearly 20 percent by 2016 (Orszag, 2007). One of the reasons for rising health care costs is due to costly new medical technologies. Some of these new medical advancements allow for physicians to treat previously untreatable conditions. It is unclear as to whether these new options are cost effective. Most people believe that more expensive care equates to better health care. There is significant evidence to support that more expensive care does not necessarily mean higher-quality care. This suggests that there may be an opportunity to reduce health care spending without impairing outcomes The most compelling evidence of that opportunity comes from the substantial geographic differences in spending on health care within the United States-and the fact that they do not translate into higher life expectancy or measured

“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite

“The biggest problem with health care is not with insurance or politics. It is that we are measuring the wrong things the wrong way” (Kaplan & Porter, 2011, p. 46). Total healthcare expenditures and expenditures as a percentage of GDP have been considerably higher in the U.S. Hospital care, physician and clinical services, and drug prescription expenditures have been the principal components contributing to growth in healthcare expenditures in the U.S. compared to other countries. The study also analyses and compares the growth of healthcare costs. Three different perspectives on the health care “cost crisis” are understanding the value of health care, most health care costs are fixed and healthcare cost covered by health insurance program. In this paper share ideas to help solve the cost crisis in healthcare.

There are several factors that contribute to the expensive healthcare costs in America, including – but not limited to – acts of defensive medicine, cost shifting, and lack of consumer awareness. As a healthcare professional, the threat of a malpractice suit is a looming fear. As these suits can be expensive, many providers will run unnecessary tests – whose costs can run high – to ensure that their inclination of a diagnosis is not incorrect. Unnecessary tests can also be run as patients are often removed from the price tag of their healthcare costs. As many with insurance are only familiar with their deductible or co-pay, patients may ask for additional tests to be run without being aware of the costs of insurance; increasing the costs for