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Tort reform

Debate on Tort Reform Assignment) Debate on Tort Reform Tort reform has been yet another hot button issue for political debate in the United States for the recent years. Although the objective of the reform proposed was to reduce Tort litigation or damages in healthcare industry, it has raised multiple responses for and against the plan across the nation. This paper tends to evaluate some various opinions on this issue; and finally makes a better conclusion of its own. To begin with, the bill according to critics like Lisa Rickard, the president of the U. S. Chamber of Commerce’s Institute for Legal Reform would only help plaintiff’s lawyers to opt-out the programs they do not like. The escalating cost of medical bill has been attributed to excessive litigation also; therefore, the bill aims at reducing litigation by promoting patient safety. Hence, “ states that apply for a grant to work on patient safety issues, rather than on other dispute resolution techniques” (Jones, 2010). In the opinion of Barack Obama, the new tort reform would improve patient safety and medical liability terms. According to Thomas Gallagher, an official of University of Washington, the goal of the reform is to improve the culture of health care communication with the objective of mitigating medical malpractices and thereby increasing patient safety. He adds that the proposed changes would provide better communication training to health care workers. Similarly, the J. D. of New York State Unified Court System, Judy Kluger argues that the reform would protect the patients who get injuries by providers’ mistakes. Kluger also says that costs associated with medical malpractices can be minimized by the introduction of the proposed tort reform (Point of Law. com). The state of Texas successfully implemented the tort reform in 2003 in order to improve the efficacy of the patient- friendly ‘ malpractice laws’ in 2003. The experience of Texas indicates the necessity of the tort reform in all fields as they could bring considerable changes in healthcare after the implementation of the program. Before the implementation of tort reform, there were 85% suits that closed without allowing compensation to the patients. Similarly, the weakness in tort terms and thereby large hospital systems caused a loss of $400 in each year in the form of malpractice fees. On the other hand, costs associated with malpractice insurance considerably declined by 21% after the execution of the bill. In addition, the state of Texas could ensure the service of more physicians as a result of the tort reform in 2003. From the light of a report submitted by Health and Human services in 2003, it would be possible to save an amount between $60 and $80 in Medicare and Medicaid if U. S. implemented the tort reform (Physicians for Reform). Although many are in favor of the tort reform, some argue that the proposed changes will not bring the estimated benefits. For instance, as Underwood (2009) reports, Tom Baker, the professor of University of Pennsylvania School of Law said that the planned changes would not help to reduce the medical costs (The New York Times). I am in favor of the former view that the tort reform in health care would help Unites States to reduce the intensity of medical malpractices and thereby associated medical costs. Since the escalating healthcare cost has become the major constraint to the nation’s economic sustainability, it should be rapidly addressed as the most important political issue. As the studies reveal, the tort reform would assist the economy to reshape its health care industry to a great extent by reducing budgetary expenses in health field. References Jones, A. (March 23, 2010). “ On Tort Reform and the healthcare bill: Where’d we end up?” The Wall Street Journal. Retrieved 13 Feb 2011 from http://blogs. wsj. com/law/2010/03/23/on-tort-reform-and-the-health-care-bill-whered-we-end-up/ ‘ Frivolous litigation reform-improving access to care’. (n. d.). Physicians for Reform. Retrieved 13 Feb 2011 from http://www. physiciansforreform. org/index. php? id= 17 ‘ Health care tort reform: Improving the culture of communication?’ (June, 11, 2010). Point of Law. com. retrieved 13 Feb 2011 from http://www. pointoflaw. com/archives/2010/06/health-care-tor. php Underwood, A. (Aug 31, 2009). ‘ Would tort reform lower costs?’ The Business of Health Care. The New York Times. Retrieved 13 Feb 2011 from http://prescriptions. blogs. nytimes. com/2009/08/31/would-tort-reform-lower-health-care-costs/

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