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Medical Malpractice and Torts
Medical malpractice refers to the provision of treatment that resulted in improper results and has led to the worsening of the patient’s conditions. When a plaintiff wants to claim a medical malpractice, there are many elements that he has to consider and each and every factor should be in his favor for getting the compensation. Developing a correct legal framework is very important with a predefined set of rules and framework that would lead to the development of law for the claims that are to be made. It has been observed in the case of Steven Olsen and Colin Gourley that the amount that was demanded as compensation was reduced by a huge margin due to the effect of the law. At the same time, while following the regular course of action is important and the elements that are to be considered in it (Doroshow, 2011).
The claims that was made by the plaintiff was hugely affected by the two laws that have been passed to safeguard the medical malpractices through development of tort reforms include the California law of “old cap on non-economic damages in the state”. It has been followed by a similar law termed as the Nebraska law and is stated as “a cap on damages”. These are the most critical defenses that can be made among the people who have suffered from the consequences of medical malpractice. Thus, it can be stated that the above mentioned legal doctrine that consists of the Nebraska law and the California law that is related to the tort reforms that have been introduced in the medical field has to be observed while evaluating and developing the cause of the action (Doroshow, 2011). Cause of the action reflects the conditions under which the malpractice had occurred.
Medical malpractice is different from the standard negligence claim because there are significant claims to be shown in the case of the medical malpractice as there are serious consequences on the victims that have been facing the impact of the medical malpractice observed in the medical health industry. On the other hand, a standard negligence is concerned with a product or service whose service was not appropriate. However, the main purpose of these malpractice tends to be the same in both, medical as well as standard negligence malpractice. It has been observed that this cause is the negligence in performance by people of different professions in the medical health industry (Kenney, 2009).
The doctors have been provided with the tort reform and other such legal backup that they tend to consider providing defensive medicine to the people when they come to them for medical advice and treatment. Hence, it can be observed that one in 50 cases may have a real serious reason where the defensive measure or medicine provided by the doctor may lead to worsening of the case or even lead to other reactions that would damage the body of the patients.
For the claim of a medical malpractice many elements have to be considered and they include developing a detailed analysis of the cause of action that led to the development of the disability or other such chronic conditions during the operation or other treatment provided to the patients by the doctors. Thus, it tends to be a very significant factor in determining the measure of malpractice that is existing in the market.
Tort reform tends to have two sides. The positive side safeguards the doctors from getting sued or arrested if their patient’s had to suffer any kind of tort across the structure. It is in the favor of the doctors. However, there are few negative sides of the tort reform. It provides the doctors to continue providing defensive medicine to the patients. As a result, the behavior of the doctors would focus on overcoming the problem and provide effective solutions that would be defensive side of the product. These are two cases which focus on the development of tort and medical malpractice and different laws related to it.
Doroshow, J. (2011, May 25). Medical Malpractice Tort Reform – We Are Already Suffering and Don’t Need More. Retrieved from http://www.huffingtonpost.com: http://www.huffingtonpost.com/entry/medical-malpractice-tort_b_350573.html?section=india
Kenney, C. (2009, August 19). Fixing Health Care Requires Tort Reform. Retrieved from http://www.npr.org: http://www.npr.org/sections/money/2009/08/fixing_health_care_requires_to.html