MKG320- CRITICAL THINKING 5.docx - Running head MEDICAL MALPRACTICE AND TORT REFORM Medical Malpractice and Tort Reform Rochelle Branch MGT320 The Legal

MKG320- CRITICAL THINKING 5.docx - Running head MEDICAL...

This preview shows page 1 - 4 out of 7 pages.

Running head: MEDICAL MALPRACTICE AND TORT REFORM 1 Medical Malpractice and Tort Reform Rochelle Branch MGT320 - The Legal and Ethical Environment of Business Colorado State University – Global Campus Dr. Kenneth Hogan October 9, 2016 Medical Malpractice and Tort Reform
Image of page 1

Subscribe to view the full document.

MEDICAL MALPRACTICE AND TORT REFORM 2 A tort is a civil wrong, other than breach of contract which falls into three categories; intentional tort, negligence, and strict liability (Lau & Johnson, 2014). Medical malpractice is an area of tort law that specifically deals with professional negligence and, according to Bal (2008), is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Malpractice differs from a standard negligence claim because it is negligence committed by certain professionals rather than by members of the general public. Medical malpractice has been an underlying issue in the United States, and has given rise to pleas for tort reform to protect medical professionals from claims of negligence made against them. One such reform is caps on damages; more than half of the states in the U.S. have passed some form of a law that limits the amount of money a medical malpractice plaintiff can receive after a successful lawsuit (Goguen, 2016). While most of these states have place limited the pay- out on non-economic damages only, there are few state legislatures which have extended this cap to all forms of damages, including compensation for the costs of long-term disability. The purpose of this paper is to discuss medical malpractice, and the elements involved in such cause of action. How can a plaintiff prevail in a claim of medical malpractice? What defenses exists for such a claim? These questions, along with the various arguments for and against tort reform will also be addressed. Basic Requirements for a Claim Since medical malpractice is a subset of negligence in tort law, the elements of the cause of action for both are the same. To prove that medical malpractice occurred, plaintiffs have to demonstrate that four elements exists.
Image of page 2
MEDICAL MALPRACTICE AND TORT REFORM 3 The defendant owed a duty to the plaintiff. To prove the defendant owed a duty of care to the plaintiff, there has to be proof that a doctor-patient relationship existed. The defendant (medical professional), must have agreed to provide care to the plaintiff (the patient). Also the defendant must have had been seeing and treating plaintiff.
Image of page 3

Subscribe to view the full document.

Image of page 4
  • Spring '08
  • Staff

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes