Health Care and Tort Reform Essay -- Medical Malpractice Claims

boost health look at costs have caused a national crisis, and every agree we must embrace remediate. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this is work on, oneness must always address the root of the problem. A large arrogate of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort tame legislation which would cut the costs of health care by cut down the risk of civil litigation and exposure to fraudulent claims (What). However, the real instrument at hand and the real cause of the industrys towering costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuits. Thus, large creation support exists for tort reform. While the proposed legislation enacted through tort reform cou ld cut the costs of health care and positively transform the industry, it is finally unconstitutional and could not withstand judicial scrutiny. The crisis centers around malpractice lawsuits. When patients can sue doctors and come away with unreasonable profits, doctors must invest great sums in insurance to cover these lawsuits additionally, to avoid any claim of malpractice, they feel compelled to overanalyze system ailments, often investing great sums of money to rule protrude idealistic afflictions (Studdert). The impact of these procedures spikes health care costs by as some(prenominal) as 30% (Kimbuende), putting affordable health care out of reach for many, while benefiting parties profiting from the excessive lawsuits. Tort reform aims to eliminate these saucy costs th... ...Scientific Publications, LLC., 2005. Web. 28 May 2010. . Studdert, David M. Defensive Medicine Among High-Risk specializer Physicians in a Volatile Malpractice Environment, June 1, 2005, Studdert Et Al. 293 (21) 2609. JAMA, the Journal of the American medical Association, a Weekly Peer-reviewed Medical Journal Published by AMA. American Medical Association, 1 June 2005. Web. 31 May 2010. . The United States spirit - The U.S. Constitution Online - USConstitution.net. The U.S. Constitution Online - USConstitution.net. Steve Mount, 2010. Web. 28 May 2010. .What Is Tort Reform, Anyway? A User-Friendly Guide. 31 Oct. 2003. Web. 28 May 2010. .