Whether or not our country should employ tort reform in order to stop “frivolous” lawsuits is a highly debated topic. While it is an issue in the medical community for doctors as well as patients, it is something that not only is affected by but also affects politics. The issue of tort reform has some political values and motivations behind it. As Justinian Lane describes in “The Politics Behind Tort Reform,” most Republicans are for tort reform for several reasons. Republicans tend to be for business, and want less government control and regulation. Thus, on the basis of their values, most republicans are for tort reform in the sense that it stops messing with business. Further, republicans are often supported by industries that are involved in medical malpractice, by siding with them, they can hope to keep their funding. On the democrat side of things, a considerable amount of trial lawyers are democrat. Democrats tend to side with lawyers who are defending victims of medical malpractice based on shared values and wanting to guarantee monetary donations to their campaigns. Further, with Democrats and Republicans picking different sides to this issue, it gives them more reasoning to stick with their side - so the other party doesn’t gain benefits. Employing tort reform will also have …show more content…
At first I saw this as a simple issue of frivolous lawsuits, but I now see that it is a multi-faceted issue that nearly everyone has a stake in. I have come to the conclusion that tort reform - to some degree - is necessary in order to protect innocent doctors and stimulate the healthcare industry. However, I don’t think tort reform should be to the degree it is described. Patients should be able to file lawsuits after a one year period if necessary, and perhaps caps should not be so low, in order to account for different kinds of damage an individual may
The Affordable Health Care Act, also known as “Obamacare”, is basically just Obama trying to make sure that the whole nation has insurance and if they do not have it by January 1, 2014, they will be penalized with a fine. To make insurance more affordable, many Americans are able to qualify for a subsidy that lowers the cost depending on age and income. Also, “Obamacare” made it impossible for insurers’ to discriminate, or charge higher rates, for anyone who has pre-existing conditions or for a certain gender. Medicare will also be easier to obtain due to requirement of insurance. This law was passed in the U.S. on March 23, 2010 by Congress and President Barack Obama.
Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.
With those that are insured favoring a moral hazard and overusing the system could lead to a negative impact on our health care system leaving those who truly needing services paying a higher premium or
but it also greatly reduces the administrative and non-medical waste that has no benefits to patients. Pursuit of profit and wealth should not be in a field that is meant to care for others; companies and corporations are maximizing on patients’ misfortunes and are therefore shortchanging the quality of care in order to get the most money. This was warned by Maimonides in 1190 AD when he said “Do not allow thirst for profit, ambition for renown, and admiration to interfere with my profession for these are the enemies of truth and can lead me astray in the great task of attending to the welfare of your creatures” (Nelson, Alan). Despite the fact that a single payer universal healthcare system is not advocated by any current presidential candidate, it is both morally and economically the most sound system.
In June 21, 1973, Miller was convicted on the ground of advertising the sale of what was considered by the court as adult material. He was found guilty as he broke the California Statute. The California Statute forbids citizens from spreading what is considered offensive in societal standards. The question that was being asked was that if the action of Miller was Constitution thus is protected under the law. However, he lost the case due to a vote of 5 - 4.
Something will always need to be fixed in society because society is a reflection of us, and we are not perfect. Recently, there’s been many issues that have caught the attention of people living all across the world. Things such as police brutality, sexual assault in the workplace, and immigration law, just to name a few, but there’s also been an underlying issue that people are becoming more informed about, and that I believe matters - prison reform. Prison reform matters because in many instances, prisoners are treated inhumanely when they are locked up, and aren’t treated as humans when they have served their time. I believe we can bring about change in the prison system by changing the way we punish people who do commit crimes and focusing more on actual rehabilitation.
Civil liberties are rights guaranteed to citizens in the Constitution that the government cannot interfere with, however, in the name of national security, they do. The government sometimes finds it necessary for Americans to give up some of their basic rights to keep the nation protected, but many people find this unnecessary. A law-abiding citizen’s extremely personal information should not be essential to finding terroristic threats within this society. Under no circumstances should an American citizen’s civil liberties be violated in a time of war or crisis, because those are assured rights that are most valuable to their freedom during national conflicts.
Before the Affordable Care Act was put into work, over 45 million Americans were uninsured. The Affordable Care Act, also known as Obamacare, was then made to help those who were uninsured. It allowed people with financial struggles with the same opportunity as everyone else to have a healthcare plan. Even though the law was passed in 2010, it took a full year of back and forth to get it passed in the Senate. Obamacare may help you get coverage, but charge you an annual fee if you don’t have one.
The first attempt and success to climb Mt. Everest occured in 1953. Since then, almost 4,000 people have been able to scale the mountain, but over 230 people have not been able to climb it successfully. There is a chance of accident or death when climbing this mountain or any dangerous activity. All people should should have the right to rescue services even if they knowingly put themselves at risk because there is always a chance of an accident happening, rangers are there to save people in danger, and there are rescue vehicles being produced to be used in case of an emergency.
The case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.
Free healthcare for everyone I believe everyone deserves to be given free healthcare if they can not afford it. Plenty of people are dying because we don’t have coverage for everyone. More people are needing universal healthcare and we should be able to give it to those in need. This is making us look so bad to other countries.
It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
Healthcare is something everyone needs and should be able to get, but right now that is not happening. In America there are millions of people who don’t have healthcare insurance. This is because some can’t afford the insurance plan. There are also millions more who have health insurance, but can’t afford using it. This means that they are paying for an insurance plan, but the deductibles are so high they can’t afford to go to the doctor.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Health insurance is one of the main insurances ones can have in life. Without reliable health insurance any small treatment can wipe out a person financially. " health insurance is a type of insurance coverage that pays for medical and surgical expenses that are incurred by the insured" as defined by Investopedia, 2015. The term ‘Health insurance’ was firstly discovered in the United States during the civil war.