Essay on Medical Malpractice

3266 Words 14 Pages
Brian Ardizzoni
Michael Neil
English 1301, Composition 1
25 November 2012

Medical Malpractice For nearly forty years, tort reform constantly becomes an increasingly

controversial issue affecting the medical community, the legal community and most of

all, the victims of some very unfortunate accidents. Tort reform refers to laws passed

on a state-by-state basis which place limits or caps on the type or amount of damages

awarded in personal injury lawsuits. Those who advocate medical malpractice tort

reform believe limitations should be set on the amount of damages a plaintiff or

injured party can be rewarded by the court. These advocates usually include medical

professionals and insurance companies.
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However, these costs

are included in the malpractice insurance for doctors. Significantly, politicians, pundits

and physicians began casting stones against individuals who seek help from the court

system for substandard medical treatment. Campaigns for tort reform re-emerge on the

heels of the recent midterm elections and the controversial federal health care law.

Proponents again champion limitations on medical malpractice cases to protect against

increasing health care costs and a failing health care system. Medical malpractice is a

legal cause of action that affords individual’s compensation to offset the harm from

substandard medical care. The harms typically include serious injuries that forever alter

a victim's life or cause death. Medical malpractice cases seek to offset these harms

through compensating the victim and provide an incentive for medical providers to meet

accepted standards of science.

Annotated Bibliography

Bovbjerg, Mike. “Malpractice Reform in Policy Perspective.” Milbank Quarterly Volume 85, Issue 2 (2007): 297-305. Web

Enacted caps on malpractice awards and proposed early offer reform

address the sometimes excessive verdicts of conventional liability and its very

high overhead costs. However, such reforms greatly benefit medical defendants

while doing too little for claimants or patients in

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