Medical Malpractice Reform

Medical Malpractice and Tort Reform

Allegations of medical malpractice by a physician has become increasingly common in today 's society. Although the legal system supports extensive research and negotiation between the parties to avoid trial by jury (Bal, 2009), the increase of court related lawsuits involving medical malpractice continues to rise. In the year 2014, medical malpractice costs, settlements and awards totaled 3.9 billion dollars with an estimate of over 4 billion dollars in the year 2015

("Medical malpractice payouts continue to climb in U.S.," 2015) Although several states have seen a decrease, many, especially in the south and northwest, have increased exponentially

("Medical malpractice payouts continue to climb in U.S.,"

For instance, a physician might argue that the injuries were not the result of their medical care and that their care followed their medical professional standards. Alongside challenging the element of negligence, physicians might try to prove that the injuries the plaintiff endured were a result of their own negligence ("Defenses to Medical Malpractice", n.d.). For example, the injuries a patient receives can occur if they do not inform their physician their entire medical history. As a result, they can be prescribed medications or treatments that can cause adverse reactions or injury. This is especially true in instances where physicians may try unconventional forms of treatment to care for their

The cost of being sued, and the cost of malpractice insurance, greatly influences medical professionals (Braunstein, 2012). Healthcare costs in the United States are, in general, expensive. However, the cost of medical malpractice insurance coverage is becoming so expensive that they are starting to affect the practices of medicine. Due to this, many states have passed tort reform measures to limit the amounts rewarded to plaintiffs in medical malpractice suits (Hellinger & Encinosa, 2006). It is believed, by many in the medical profession, that limiting payments helps reduce the amount of malpractice claims. Supporters of these laws believe that such laws reduce health care costs by lowering practices such as defensive medical decision making. This practice, also known as defensive medicine, is common for some physicians to help lower their chances of malpractice liability (Manner, 2007). For example, Texas has experienced a decrease of 21.3% in medical malpractice insurance premiums due to tort reform legislation ("Tort Reform and the Effect of Medical Malpractice Caps," 2012). Medical license applications have increase to 18% since legislature enacted financial caps. Many physicians who have