For nearly forty years, tort correct has make out an increasingly controversial issue affecting the medical examination community, the statutory 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 derive of damages that may be awarded in personal injury lawsuits. (Martinson, 2001)
Those who advocate medical malpractice tort reform conceptualise limitations should be set on the amount of damages a plaintiff (injured party) can be rewarded by the court. These advocates usually include medical professionals and policy companies. Their argument is that in that respect are too many frivolous lawsuits leading to racy malpractice insurance, the increasing cost of medical care, and a burden on the taxpayers whose tax dollars absorb the extravagant litigation costs for these claims. They believe doctors will eventually be unable to practice practice of treat due to costly malpractice insurance premiums. Because of this, they say Americans will be unable to get more needed healthcare.
In the past, as the rate of malpractice suits began to grow, so did the rate of malpractice insurance. This ended up having a dire impact on the medical profession.
For one thing, many qualified doctors have ended up leaving their practices and nidus more on preventative medicine. In other words, they felt up compelled to order up costly tests, many of which that were not necessary, in an attempt to stave off lawsuits claiming misdiagnoses. This had an impact on the medical industry as a whole, raising costs of medicine and insurance premiums.
However, attorneys also pay for malpractice insurance and can then understand the ramifications. You do not see as much debate over their costs though. Plaintiffs normally do not have their own money to do battle with the insurance companies in court. However, these costs are included in the malpractice insurance for doctors.
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