Case Law in Health Care
Health care all over the world often sometimes face many obstacles, according to (Hammer & Sage) “Lawsuits against hospitals constitute the lion’s share of antitrust litigation. Between 1985 and 1999 hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (hospitals were plaintiffs in only 6 percent. These numbers understate the burden of hospital antitrust litigation because most filed claims do not result in a published judicial opinion).” Hospital is a business that provides medical service to patients and there will always be competitors that produce social benefits. For example, Medical Malpractice is one of the major area that fail to provide quality health care medical treatment to patients, the victims of medical malpractice seek compensation for their physical or emotional injuries, or both, through a Negligence action.
When patients suffered an injury, which he or she should be compensated, the reason for his or her injuries was because the physician’s violation of the standard of care. However, although the physicians is the cause of his or her injuries like according to (Farlex, 2012) “To protect themselves against the massive costs of such claims, physicians purchase malpractice insurance. Physicians' malpractice premiums total billions of dollars each year and add substantially to the cost of health care in the United States. In some specialties, such as obstetrics, 50 percent of the cost for medical services goes for the provider's malpractice premiums. Many physicians, faced with the rising tide of malpractice premiums, practice "defensive medicine" by ordering tests and procedures that might not be necessary, so that the records will show that they did all they could. Several studies have estimated the cost of defensive tests and procedures at tens of billions of