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Essay / Research Paper Abstract
This 5-page paper, using Werth's "Damages" book as a jumping-off point, studies the tort system as it pertains to medical malpractice and other litigation. The questions answered include what it would take to try to reduce the liability of the system. Bibliography lists 3 sources.
Page Count:
5 pages (~225 words per page)
File: D0_MTmalcon.rtf
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Unformatted sample text from the term paper:
what they believe is wrong. Following the seven-year struggle of the Sabia family as they attempt to redress the wrong that occurred when it came to the birth of twins.
Upon a friends advice, when one twin was born dead and the other barely alive (though two days before the birth, the mother had been told everything was fine), the
Sabias were encouraged to file suit against Norwalk Hospital and the obstetrician, Maryellen Humes. The question we try to answer in this paper is, based on the book, would a
limit proposing a limit on economic damages be fair? At the outset, the answer here is "no." One reason why the case
took seven years was because of the "blame game," the fact that everyone (from the midwives, to the insurance companies, to the hospital) kept trying to shift blame from one
person and party to the next. Though the Sabias sought financial relief and financial help with their surviving sons future (because of his birth, he was not developing properly --
he was blind, spastic, mentally retarded, among other things), the defendants in the suit did everything they could to avoid a litigation. Four and a half years after the suit
was initiated, however, the Sabias settled with Humes for $1.35 million, before then moving on to try to get what they could from the hospital. At the end, the Sabias
settled out of court with Norwalk Hospital for $6 million, allowing them to care for their son. Under such circumstances, the first
reaction is, the family should sue, and should sue for as much as it can get. For one thing, Tony Jr.s birth left him a spastic quadriplegic who suffered from
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