Healthcare delivery in the United States

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Introduction

The importance of exercising caution and ethics cannot be gainsaid as far as the delivery of healthcare services is concerned. On quite a number of occasions, patients have suffered irredeemably, thanks to the carelessness of healthcare practitioners. In instances where the patients suffer because of the negligence of a healthcare practitioner, he can file a suit for damages. However, there have been numerous questions as to whether there should be a limit to the amount that a patient would be entitled to in case the healthcare practitioner is found to have been negligent in discharging his duties. There have been proposals that the maximum amount of damages that the negligent healthcare practitioner should pay for his negligence should be limited to $250, 000 (Jonas & Kovner’s, 2011).

The question on the appropriateness of such caps is determined by the effects of the action. Putting a cap on the medical malpractices damages is inappropriate. First, it is noteworthy that there are variations in the aspects pertaining to each malpractice case. In essence, the jury and the judge should be able to make a judgment on the appropriate damages to which a certain case is entitled. Medical malpractice cases are not of the same magnitude in which case they should be treated differently. In addition, such caps leave little room for settlement negotiation. These caps also maintain pressure on hospitals so that they can incorporate strong safety procedures. However, there are some advantages that abide with the decision to cap medical malpractice damages. Research has shown that the judges and jury often make their verdicts based on their sympathy for the plaintiffs (Jonas & Kovner’s, 2011). This often leads to excessive and unfair verdicts. On the same note, there are instances where qualified and competent doctors are penalized for mistakes done by others. It is only unfair that a competent physician will pay enormous amounts for malpractice insurance premiums throughout their careers without making a significant mistake. It is illogical to make all practitioners pay disproportional amounts simply because of the mistakes of a few practitioners. In addition, doctors have always been under pressure to practice defensive medicine where they concentrate on escaping suits rather than treating patients (Jonas & Kovner’s, 2011). This is because of the devastating effects that a single lawsuit would have on the career of a doctor.

What are the unintended consequences (if any) when states cap malpractice awards?

Capping of malpractice awards is seen to have a considerable impact in the number of claims that are lodged against physicians. There is a significant or considerable decline in the severity and the frequency of claims, as well as malpractice premiums. Studies have shown that most people opt for out-of-court settlements. This is because most people find it illogical to pursue a case in court using enormous amounts of money only to have a maximum of $250,000 as damages. It is worth noting that filing a lawsuit is both time-consuming and expensive. Most lawyers would be wary of taking contingency fees based lawsuit in cases that are devoid of a possibility for substantial verdict (Shi & Singh, 2009). This, therefore, means that a doctor or health practitioner who has made a destructive mistake due to his negligence would be likely to get away with it. Obviously, this weighs down on the quality of healthcare that patients are likely to get in a healthcare center or facility.

In addition, there are variations in the demographics of physicians between states that have adopted caps and those that have not adopted them. In 1970, prior to the adoption of medical malpractice awards caps by any state, all states had a relatively similar level of physicians per every 100000 people. However, studies showed that this is not the same again. In 2000, a study showed that states that had implemented the caps had 135 physicians for every 100,000 citizens, which was higher than the 120 per 100,000 for states that had not implemented them. This could also be a signal that such laws make doctors quit their professions or retire early (Shi & Singh, 2009).

Are malpractice awards a significant factor in the rising cost of health care? Why or why not?

Malpractice awards are not a significant factor as far as the rising cost of healthcare is concerned. Research has shown that the medical liability has remained considerably constant even as the cost of healthcare has risen. This underlines the fact that as much as medical liability is a component of the medical price inflation system, it does not drive it. It is noteworthy that the numbers of claims is extremely small in comparison to the actual cases pertaining to medical malpractice. In 2007, the medical malpractice tort costs amounted to $30.7 billion (Shi & Singh, 2009). This is an extremely low amount considering that the entire healthcare system is worth over $2 trillion. In essence, malpractice insurance and litigation costs makes up about 1.5% of the total medical costs. This is an extremely insignificant percentage to influence any changes in the medical costs (Shi & Singh, 2009). This underlines the fact that malpractice awards would be immaterial in influencing the cost of healthcare, in which case its rise cannot be blamed on the malpractice awards.

Does the health care profession do a good job in dealing with substandard practices? Explain.

The healthcare profession does an exemplary job in dealing with substandard practices. It is worth noting that, healthcare professionals are bound by code of ethics and even oaths as to exactly how physicians should conduct themselves in the course of discharging their services. It is worth noting that stiff measures are spelt out in cases where a healthcare professional is seen as discharging substandard services. Penalties may be in the form of monetary compensation or even complete deregistration (Shi & Singh, 2009).

References

Jonas & Kovner’s, (2011). Health Care Delivery in the United States. New York: Springer Publishing Company

Shi, L & Singh, D (2009). Delivering Health Care in America. New York: Jones & Bartlett Learning