Legal Aspects of Health Care Administration
Tort law has developed as the legal method for providing compensation to persons injured by another who owed a duty of care. However, the traditional negligence-based system has been breaking down over time, and large jury awards and malpractice claims are hindering the abilities of health care professionals and threatening technological developments and medical cures.
Tort reform is needed to ensure that patients are provided with timely and fair compensation for injuries. Tort reform does not change the duty of care owed but focuses on procedures for preventing injuries and handling claims for injuries.
The advantages of tort reform include modernized procedures for identifying and correcting negligent care and misconduct, faster handling of patient complaints, and more timely and equitable compensation for injuries. Establishing professional standards helps to prevent potential injuries and allows medical care providers the room needed to make individualized medical assessments of patient care. Tort reform will also alleviate the increasing practice of defensive medicine.
However, the benefits of tort reform will not come without some cost or compromise to patients and the medical community. One of the most predominant arguments against tort reform is that it locks the victims out of pursuing their right to be heard in a court of law before a jury of their peers. Tort reform standards and procedures are more onerous and restrictive on the patients than on the professional health care providers, because the health care providers are industry-insiders who are familiar with medical administrative processes. The patient is faced with unfamiliar forms, procedures and programs that could delay the needed assistance and compensation. Another disadvantage of tort reform is that it takes discretionary medical judgment away from the doctor and gives it to a bureaucratic organ...