18 Aug 2022

150

What Is Tort Reform?

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Academic level: College

Paper type: Essay (Any Type)

Words: 272

Pages: 1

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The United Legal system assists citizens when injured by the negligence of other individuals. If a physician injures a patient due to carelessness, the harmed has liberty to prosecute the therapist to recover the destruction. Political leaders have suggested that physicians use tort reform to reduce medical expenses. However, the reform does advantage the victim fully because it is limited. 

California communicated its interpretation of Medical malpractice reform in the Medical Injury Compensation Reform Act (MICRA). The complainants are compensated $250,000 for suffering and pain. Even with multiple plaintiff and defendants, the compensation amount is constant (Statsky, 2011). If the victim cannot work the entire of his/her lifetime, he/she can collect money for the lost wages and the recovery occurs annually. 

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The primary intention of MICRA was to reduce the cost incurred by the medical department for negligence. Conversely, their decision does not serve the citizens right instead it disadvantages them (Statsky, 2011). When a patient incurs injuries because of the carelessness of the medical practitioner, she might fail to undertake compensation because it is limited. The victims lack proper representation. The attorneys are unwilling to pursue such cases because they are difficult, expensive to attempt and the recoveries are minimal. 

To make tort reform effective, MICRA should revise its law on compensation. Firstly, compensation should rhyme with the level of injury. Secondly, the consumers need and gratification should a consideration before thinking about advantaging the physicians. Thirdly, Malpractice cases are manageable; therefore, the attorneys should be willing to help consumers when they need them. 

Tort reform ensures that victims of medical malpractice recover for the loss they incur. The Californian tort reform disadvantages its citizens because of the low compensations. The organization aims at minimizing costs without being mindful of the consumer’s needs. The ministry should value the welfare of the consumers and compensate them fairly. 

References  

Statsky, W. P. (2011). Torts, personal injury litigation . Clifton Park, NY: Delmar Cengage Learning. 

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StudyBounty. (2023, September 15). What Is Tort Reform? .
https://studybounty.com/what-is-tort-reform-essay

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