Premium Essay

Healthcare Reform

In:

Submitted By Sherise01
Words 5321
Pages 22
Tort Law in Health Care Administration: Examination of Negligence

LaJuanda Williams
LaTonya Reed
John Hill
Rita Ignatius

Public Health Policy, Law & Ethics, PHS 512
Professor Green-Alexander
April 11, 2007

Introduction to the Law of Torts A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages. Tort includes both an individual personal and professional level which involves the healthcare field. A person who commits a tort is called a tortfeasor which can be held accountable for his or her actions in court (Pozgar 2004).
Tort law is an important part of the common law and evolves on a case-by-case basis. Therefore, tort law is still predominately court-created law but legislatures are playing an increasingly active role. One example of this is legislators placing limits on the amount of damages that can be awarded in certain types of court cases (Lipthrott 2005). Although state and federal statutes define some aspects of tort law, contemporary tort law remains defined by judicial decisions. Tort can be an excellent vehicle for viewing the nature of the common law, and for observing how a given body of law evolves daily.
The basic objectives of tort law are preservation of peace between individual by providing a substitute for retaliation; culpability-to find fault for wrongdoing; deterrence-to discourage the wrongdoer (tort-feasor) from committing future torts; and compensation- to indemnify the injured person of wrongdoing.
There are three basic categories of tort law: negligent tort, intentional tort, and torts where strict liability is assessed regardless of fault. There are two main differences between

Similar Documents

Premium Essay

Healthcare Reform

...The Need for Health Care Reform HCA 410 Professor Henry O’Lawrence December 8, 2011 The Need For Health Care Reform Health care system is now faced with many problems such as high cost of insurance, high cost of medical services, significant numbers of people lack any form of healthcare insurance, and many more people are underinsured. Heath care is not affordable and easy to obtain anymore. With the rising of health care cost, reforms are needed to be more affordable with high quality and efficiency. There are over “46 million people lacking health insurance, but also for those who have insurance the economic downturn is a chilling reminder that under current system, virtually anyone facing a run of bad luck could be quickly wiped out by medical bill collectors”. State Healy, Bernadine M.D. (2009). Providing health insurance for people uninsured and low-cost insurance are major problems need to consider and take it seriously. The number of people uninsured is too high. There are many factors leading to be uninsured including poverty, the economic downturn leading to high rated of unemployment and some working families who cannot afford coverage because too expensive, besides, earn too much to be eligible for many programs which the state's healthcare provider. Offering the healthcare options with advantages for the uninsured with affordable price is needed to take to consideration. Many low income people cannot afford health insurance usually don’t go seek for medical...

Words: 1670 - Pages: 7

Premium Essay

Healthcare Reform

...Healthcare Reform Melissa Benavides GE175 – American Government June 29, 2011 Mr. M. Sedam Healthcare Reform Healthcare reform has been an issue in the United States for quite some time. A number of citizens believe the government should pay for our healthcare. Others believe the government should not have any say in our healthcare and it should be paid for by private insurance companies or out of the individual’s pocket. While others still argue that medical costs are on the rise and it is becoming impossible to afford while the economy is folding in on itself. As an unmarried individual, healthcare can get quite costly for me. For those who are unemployed healthcare is most likely a pipe dream and they suffer through sickness or aches and pains. On March 23, 2010 the Affordable Health Care Act became a law. This meant that insurance companies would no longer stand between consumers and their healthcare providers. They could no longer dictate what services would be limited, and the need for seeking approval before receiving emergency care at a facility outside the plan’s network. This new law also enabled people under the age of 26 to stay on their parent’s health plan where as before, the cap age was 21. New regulations require insurance companies to cover children with pre-existing medical conditions. Lifetime limits have been abolished and companies have been made to use 80-85% of the consumer’s money they pay into the insurance for their healthcare...

Words: 641 - Pages: 3

Premium Essay

Healthcare Reform

...Tiffany Husband Utilization Paper HCS/235 Terresa Randolph Nov. 26, 2012 Currently in America, there are very few Americans who have health insurance, and the number is becoming fewer and fewer every day. Statistic shows that there are more than 46 million Americans with no health insurance. This has become a major crisis due to the fact that employers have stopped insuring their employees because the cost is so high. The total cost in United States was more than 2.4 trillion dollars in 2007. Our President and congress agree that they system needs to be changed, however there is no solid agreement on what how it should be changed. The health care reform is a continuous debate, but there are has yet to be a solution found. Over recent years there have been major discussions about the health care reform. One of the major problems is that Health care is becoming more and more expensive, and no one seems to know why it continues to become more expensive. However, with such costly premiums fewer and fewer Americans are becoming not insured. Due to this, the United States is facing unprecedented crisis in access to health care. Since the beginning of the recession there have been growing numbers of Americans who can no longer depend on health care coverage from their employers. Because of the recession this number has continued to accelerate. There is an increasing demand for health care services, but there are not enough physicians or specialist to meet this type of demand. Health...

Words: 1130 - Pages: 5

Free Essay

Healthcare Reform

...Health Care Reform Healthcare has a long and detailed history in the United States. Since the beginning 20th century it has been a major source of political debate. Both federal and state governments have made efforts in trying to take steps toward a universal health care system. Early reform poured the foundation for today’s government healthcare programs. The United States witnessed social movements that demanded access to the American dream. People who were viewed as second class citizens banded together and demanded reform on their behalves. The largest of these movements was a demand for universal healthcare. American’s greatest issue was sickness and missing work. When working individuals missed work due to “sickness” they lost their wages. The loss of income made sickness the leading cause of poverty. Reformist saw a need for national healthcare and the campaign began. Health insurance that would protect the worker against wage loss and expenses incurred from medical treatment. In 1906, the American Associaltion of Labor Legislation (AALL) became active in the push for national health care. They created a committee that concentrated on healthcare insurance, and in 1915 drafted a bill that gave limited coverage to the working class and to anyone that earned less than $1200 a year. This draft included sick pay, death, and maternatiy benefits. The proposal was meet by opposition (Palmer, 2010). Although the American Medical Association offered its support...

Words: 1518 - Pages: 7

Premium Essay

Healthcare Reform

...Associate Level Material Critical Analysis Forms Fill out one form for each source. |Source 1 Title and Citation: | |Health Care Reform Is a Disaster for All Americans | |Ferrara, Peter. "Health Care Reform Is a Disaster for All Americans." The Uninsured. Ed. Debra A. Miller. Detroit: Greenhaven | |Press, 2011. Current Controversies. Rpt. from "The Right Prescription: The Obamacare Disaster." American Spectator (18 Aug. | |2010). Gale Opposing Viewpoints In Context. Web. 15 Jan. 2013. | | | | | | | |1 |Identify the principal issue presented by the |Obamacare will be declining the standard of living for Americans by | | |source. |increasing the cost of health insurance, increasing the amount of money | | | |middle class citizens pay to taxes, and diminishing the acceptance of | | | |Medicare...

Words: 1719 - Pages: 7

Premium Essay

Healthcare Reform

...“Healthcare reform” is not anything new to the President, Congress or the United States of America. It is that one thing that continues to surface over time and temporarily holds the spotlight of urgency and priority for Americans. Providing healthcare for the American people has been an issue and has perplexed our country near a close division over the past century. Theordore Roosevelt’s used health care reform as his campaign platform in 1912; however this was at a time when Americans were concerned about their healthcare cost and looked at health care reform as a top priority. A priority that did not stand the test for reformers after running into a band wagon of opposition from physicians, businesses, insurance companies, and other special interest groups that did not want national healthcare coverage and this opposition continues today. Franklin D. Rooselvelt made a couple of attempts to provide universal healthcare to America. He had what would have been considered a perfect opportunity with the Great Depression, but healthcare coverage took a back seat to unemployment and aging Americans. He was able to get a Social Security Legislation passed in 1935, but with the fear of its opposition from the American Medical Association (AMA) he left the health care piece out of the bill. But later in his administration was another opportunity, which was the National Health Act of 1939. This act was created by a New Deal reform committee when asked by President Roosevelt...

Words: 321 - Pages: 2

Premium Essay

Healthcare Reform

...Health Care Reform from an Economist Perspective Managerial Economics 2/28/2013 Introduction Today there are many Americans without health insurance. This is due to the lack of financial resources they have to pay for the insurance , perhaps due to the unemployment rate and also due to those (younger generation) who choose to opt out of paying for health insurance. Many Americans live day to day hoping they will not get sick. From the results of these rates, President Obama signed the US Health Care Reform into law. The health care reform law encases benefits such as affordability, accessibility, comfort and ease for low income families worrying about going broke if they get sick, health care cost will be capped, and insurance companies will not be able to deny applicants due to pre-existing conditions. Accessibility simply means that insurers would have to expand insurance coverage to all Americans. This means eliminating pre-existing conditions that prevented people from gaining insurance coverage, insuring portability across states, mandating the purchase of insurance coverage, standardizing claims to reduce paperwork and providing benefits and cost information to American people allowing them an opportunity to choose a plan that best fit their needs (Shortell, 2009) Affordability has left uninsured and low income families helpless due to high premiums. The public option is an idea that hopes to establish competition that will drive down insurance premium...

Words: 2941 - Pages: 12

Premium Essay

Healthcare Reform

...Memo #1: Potential challenges on ACA Readmission Patient Safety Organization (PSO) was designated by the Affordable Care Act to assist Hospitals with relatively high readmission rates to reduce the number. Readmission is defined as an admission of a patient to the hospital within 30 days of the date of discharge. According to the Centers for Medicare & Medicaid Services (CMS), University Hospitals was on the list of high readmission rates, with an AMI of 21.8, HF of 26.6, and a total of 1328 of discharges. There are many resources available on reducing unnecessary hospital readmissions, for example, the ProjectRED, which “can reduce readmissions by integrating better communication among clinicians and patients and by instituting follow-ups after discharge” (CMS). However, one important approach was to improve the transition process in inpatient and outpatient care for UH. By setting up a detailed and enforceable action plan to improve continuity of care, UH should focus on the following aspects: the compliance of national safety goals and regulations, the quality of transition approaches, the follow-up of regular reexamine, etc. These are not only methods to avoid high readmission rates, but also techniques to improve patient satisfaction and to reduce unnecessary administrative costs. Furthermore, another plausible approach is to bring closer relationship between hospitals and patient families, since they are an important part of patient satisfaction. Pay-for-performance ...

Words: 1266 - Pages: 6

Premium Essay

Healthcare Reform

... that is, not all provisions in the law is effective the moment it was signed by Obama. Some provisions in the statute is designed to be effective beginning at the year 2020. b.) What is the nature of the problem being targeted by the policy? PPACA aims to improve the coverage of healthcare insurance. Thus, to achieve this, the policy targets people who do not have any health insurance. Unless exempted for the following reasons - religious beliefs, individuals who cannot afford the healthcare coverage, taxpayers whose income is below the income threshold, or any person deemed to belong from an Indian tribe- the statute requires individuals to avail a health care insurance plan or pay a penalty. II. Historical Analysis a.) What policies and programs were developed in the past to deal with the problem? Policies that were developed in the past to deal with the same problem of limited and reluctant healthcare coverage include the Medicare (1965), Consolidated Omnibus Budget Reconciliation Act (1985) Health Insurance Portability and Accountability Act (1996) and the Massachusetts Health Care Insurance Reform Law (2006). Very notable is the Massachusetts Health Care Insurance Reform Law as it was described as the model of the PPACA. b.) How has the specific policy/program under analysis developed over time? The PPACA Bill was...

Words: 2595 - Pages: 11

Premium Essay

Healthcare Reform

...Health Care Reform Commentary Paper 1. Summarize the main components of the Patient Protection and Affordable Care Act of 2010 The Individual Mandate All individuals will be required to have health insurance, with some exceptions, starting in 2014. Employer Requirements Employees with 50 or more employees will be assessed a fee of $2,000 per full time employee if they do not offer coverage. Expansion of Medicaid Medicaid will be expanded to all under age 65. It creates a uniform minimum Medicaid eligibility threshold across states and will eliminate a limit that prohibits most adults without dependent children from enrolling in the program. Health Insurance Exchanges 24 million will be obtaining coverage in the newly created state health insurance exchange. Changes to Private Insurances Waiting period for coverage will be 90 days. Children will be covered to age 26. 2. Briefly discuss the financing and cost containment challenges of universal coverage. The cost of the legislation will be financed through a combination of savings from Medicaid and care and a new tax on high cost insurance. 3. Explore the Implications of health care reform on the nursing profession: Challenges of the nursing shortage affects the quality of patient care. It affects patient outcomes and increases medical errors. A call to transform nursing education has come. Educational facilities must have sufficient funding and staff. Improved financial aid and scholarships for the...

Words: 263 - Pages: 2

Premium Essay

Healthcare Reform

...Health Care Re Health Care Reform There has been a lot of talk and debate lately over Health Care Reform, as people are trying to answer the question – Should a universally accessible health care system be implemented in the United States (US)? This ongoing highly debatable issue remains a hot topic among US citizens from all walks of life, from the very poor to the very wealthy. Health Care Reform affects everyone. The vast majority of the US population is very dissatisfied with the current state of health care. According to the ABC News and Washington Post cooperative poll, 57 percent of Americans aren’t satisfied with the overall system of health care (Langer, 2009). Consequently, the issue of the Health Care Reform was born, but before analyzing the actual aspects of this reform it will be wise to brush up on those major attitudes and concerns which occupy ordinary people and how they respond to the unfolding changes in the area of health care and social security. More than half of the American population is convinced that the Health Care Reform is necessary and it must be carried out by the government. Hence, the government plays a huge role in the health care transformation as it provides the nation with the health care plans and outlines other possibilities for medical coverage like the health insurance exchange. President Obama suggests his own plan of stability and security for all Americans. This plan is to provide more security and stability for those...

Words: 1487 - Pages: 6

Premium Essay

Healthcare Reform Essay

...23, 2010, President Obama signed the Affordable Care Act into law. There is no denying that Healthcare reform is a necessity at this point. Something absolutely has to change in America’s Healthcare. “It seems clear that if we continue down the path of healthcare delivery we current practice in this country, even if it is practiced a bit more efficiently, we will have failed. We will bankrupt this country, and the health of our citizens will continue to decline” (Riley, 2009). The question remains however, is the Affordable Care Act the answer to our crisis? The intentions of the ACA are honorable. Creators plan to reform healthcare by attacking several areas with issues. Main focus of goals include Universality – The right of every citizen to have healthcare. All citizens should be in a common risk pool. Financing – intent to reform based on spreading the cost of healthcare out equally. The common risk pool comes largely into play here because the young and healthy will subsidize some of the care needed by the sick and elderly. Cost – Reduction – Stabilizing the cost of healthcare and reducing the rate of growth Payment Reform – paying for outcomes and values achieved, rather than the volume of care given. Quality and process improvement - Components that will improve reporting and quality indicators of care. Prevention and Wellness - goal to reduce the cost of healthcare by promoting healthy living, therefore, less need for medical care. (Panning, 2014). In some...

Words: 1097 - Pages: 5

Premium Essay

Healthcare Reform

...Eric Yee 12/06/2014 MHR 452 Dr. Farmer Quality Versus Quantity in Health Care System There is health care reform happening today. According to Journal of Healthcare Finance, “Skyrocketing health care costs are forcing payers to demand delivery efficiencies that preserve and promote quality care” (Scamperle 2014). As the demand for health services, controversies of the direction of the healthcare system stirred. Should healthcare providers focus efforts towards quality or quantity care of patients? There is an emerging trend of efforts leaning towards a quality of healthcare direction as opposed to high volume service. This issue sparked my attention because of initially hearing testimony of mal-practice within healthcare facilities. Friends told me of the staff tending to their own needs before the patients’ needs. Other mal-practice includes negligence and ignoring hospital policies that can make the entire hospital liable for damages. Overall, negligent behaviors lead me to critically analyze the source of healthcare system operations. Briefly describing this issue, healthcare providers used a payment plan called Fee-for-Service which reimburses healthcare providers rewards per patient attended. As precautions for low paying reimbursement transactions from insurance providers, healthcare providers such as doctors write extra medical operations, tests, medicines for patients to purchase. Some doctors order more than one visit to have a cushion of funds to avoid a potential...

Words: 1252 - Pages: 6

Free Essay

Healthcare Reform Research Paper

...com/essay-on/Healthcare-Reform/115333 Kyle LaBelle Participation in Government Healthcare Reform Research Paper My question is, how long is it going to take for the world’s most powerful country to create a sustainable healthcare system? We have spent too many years with small reforms, ; we need big changes, and we need them soon. Healthcare has a long and detailed history in the United States. Since the beginning of the 20th century, it has been a major source of political debate. Both federal and state governments have made efforts in trying to take steps toward a universal health care system. Early reform poured the foundation for today’s government healthcare programs. The United States witnessed social movements that demanded access to the American dream. People who were viewed as second-class citizens banded together and demanded reform on their behalves. The largest of these movements was a demand for universal healthcare. American’s greatest issue was sickness and missing work. When working individuals missed work due to “sickness” they lost their wages. The loss of income made sickness the leading cause of poverty. Reformists saw a need for national healthcare and the campaign began. Health insurance that would protect the worker against wage loss and expenses incurred from medical treatment. In 1906, the American Association of Labor Legislation (AALL) became active in the push for national health care. They created a committee that concentrated on healthcare insurance...

Words: 1391 - Pages: 6

Premium Essay

Healthcare Reform Act of 2010

...The healthcare Reform Act of 2010, also known as “Obamacare” is the government’s idea of changing America’s healthcare system. Is this the healthcare reform that America needs, or is it another way for the government to control, and tax the citizens of this great country? This reform is intended to increase access to healthcare by controlling the rise of insurance premiums; increasing employer supplied coverage, as well as expanding Medicaid for lower income families. All of which are in need of revamping in order to better help the American people. There are some issues with Obamacare that are not widely known to everyone, some of these facts are: • In 2014 a fine will be imposed on those who do not have insurance, but are financially able to afford it. This fine is $95 in 2014, $350 in 2015, also beginning in 2016 the fine will be $750 multiplied by the cost of living. • A 10% excise tax on indoor UV tanning services. • Undocumented immigrants are not eligible to receive benefits. • No charge for immunization, preventive care for infants, children and adolescents, and preventive care and screening for women. • Prohibits denying coverage for pre-existing conditions. • (Unknown, 2013) To address a few of these issues that are likely to cause some problems are not having a charge for preventive care for women and children will help a lot of people, but who is ultimately going to pay for these services? This will end up as another tax for the American people to pay because...

Words: 1410 - Pages: 6