Tort ReformIntroductionDuring the presidency of President Bush, the issue on tort reforms was prevalent. In 2005, the Congress approved several tort reforms that have changed the traditional torts.
Primarily, the litigation system underwent changes through the initiation of the Republican and Pres. Bush. Corruption in the civil legislation system was the very reason for the tort reform. In hospitality industry, tort reform has become prevalent.
Tort ReformIn its technical term, tort is defined as a “civil wrong in which a damaged victim can seek legal redress from the individual who caused the harm” (News Batch, 2008). By incorporating reform, tort reform is referred as “proposals to limit the prevalence of legal claims prosecuted with the assistance of personal injury lawyers which are perceived to unfairly burden insurance policy holders with exorbitant premiums” (News Batch, 2008). Through the tort reform, there is now a standard limit on the claims awarded to the aggrieved party. The reform, however, is made only on the amount of claims that is hoped to ease the burden of insurance companies.
Tort Reform in Hospitality IndustryIn healthcare sector, the government shares responsibility in ensuring that the needs of the people and at the same time the healthcare providers are fairly addressed. As such, the state has been empowered to legislate in the area of healthcare by virtue of Tenth Amendment (Weiss). Undeniably, there are conflicting issues prevalent in healthcare which is malpractice. There were many cases where the patient died due to medical malpractice.
Under the tort law, medical malpractice can be litigated and the victim must be duly compensated. This is because the medical profession is burdened with responsibility to save life and any mistake committed may lead to significant injuries to the public. Besides, it is also understood that the environment of medical profession has no place for mistakes. Hence, malpractice can be litigated.
In a year, the reported cost of malpractice claims exceeded $200 billion (Dobbs). The award is dependent upon the jury deciding on the case. Sometimes, claims were exorbitant due to multiple charges against doctors, hospitals, and other medical personnel but such claims are made acceptable in tort law. Through the tort reform, litigation claims for malpractice have been changed.
One changes in putting a cap on damages depending on the level of damage (News Batch, 2008). Another is putting limitation on attorney’s fees because it is believed that the burden is caused by such fee (News Batch, 2008). Interestingly, the juries are now informed of the benefits given to the patient through the health or disability insurance policies (News Batch, 2008). Through the information, the jury can determine the amount of damages due to the patient.
Furthermore, the payment exceeding $50, 000 will be paid periodically. Hence, the burden of the hospitals and physicians will be reduced.Importance of the Tort ReformThrough tort reform, medical practitioners are protected from reckless and aggressive litigation and excessive damages. On the other hand, the patient’s right is not compromised because litigation continues but the damages are measured only to what is due to him.
Remarkably, the tort reform has shaped a policy that will end corruption caused by the lawyers in medical malpractice cases (Weiss). Notably, in American practice, parties pays for court fees and attorney’s fees and there is also contingency fee which is a percentage given to lawyer as a result of winning (Weiss). Furthermore, tort reforms in hospitality industry effectively address the issues of the patient, healthcare sector, policy insurances.It is noteworthy that number of litigations dropped in some states having tort reform.
In Texas, for example, the volume of malpractice suits dropped to at least 50% while insurance companies decrease the cost of their premiums (Weiss). This can also be observed in some states.ConclusionMedical malpractice is a very important issue not only today but in the future. In the industry, people entrust their life to the medical professionals.
The medical professionals, in turn, guarantees their safety and cure. However, when mistake has been committed, tort law authorizes the patient to sue. Decades ago, numerous malpractice cases have been remarkable because of enormous cost of damages. However, through tort reform, the damages or claims of the patient is now given a limit which is in accordance with reasonableness.
Hence, the tort reform is seen as a fair policy to all parties in a malpractice case. ReferencesDobbs, L. (6 January 2005). CNN International.
Com. Tax Reform Important to U.S. Future.
Retrieved February 19, 2009, from http://edition.cnn.com/2005/US/01/06/tort.reform/index.
htmlNews Batch. (2008). Tort Reform. Retrieved February 19, 2009, from http://www.
newsbatch.com/tort.htmWeiss, L. D.
(8 August 2008). Med Scape Today. AAEM President’s Message: Tort Reform: Our Permanent Issue. Retrieved February 19, 2009, from http://www.medscape.com/viewarticle/578469;
