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Essay / Research Paper Abstract
5 pages. An introduction to tort reform and medical malpractice. Focus is on Missouri as compared to what is going on in the rest of the country. Bibliography lists 7 sources.
Page Count:
5 pages (~225 words per page)
File: D0_JGAmeto.rtf
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Unformatted sample text from the term paper:
and why is it such a significant basis for judicial interjection? For the sake of an example, we will use the medical profession, since they are under the most
fire for tort action. Clearly, a medical professional upholds certain responsibilities when it comes to his or her practice, fundamentally avoiding to "breach by the defendant of a legal
duty to take care not to damage the plaintiff or his property and consequent damage from that breach" (Tort of Negligence PG, 2001). When this breach occurs, the manner
by which the practitioner handles the violation could mean the difference between an angry and a pacified patient. According to one law firm, one might best explain tort reform
as "Tort reform is the name given to a political and legal movement by special interests including corporate American and big business, insurance companies, and HMOs, hospitals, and doctors
to restrict your right of recovery from them should you suffer an injury or violation of your rights as a result of their negligence or misconduct" (Reese and Reese, 2002,
PG). Torts are considered an unintentional violation of another persons rights. This paper will explain torts fully and consider the implications and recourse citizens have in regard
to torts. What determines whether or not an individual seeks tort action and legal compensation when medical negligence has occurred? Are there certain issues that openly sway ones decision
as to take action in the case of a tort? Clearly, several factors exist within the boundaries of torts that help determine if a patient is going to sue,
including the patient/doctor relationship, how the doctor responds to the claim of negligence, as well as the ethical nature of the situation. Missouri is experiencing a high rate of
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