Sample Essay on:
Tort Reform

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Essay / Research Paper Abstract

A 3 page research paper that argues that proposed tort reform, which would place a cap on medical malpractice awards, would not significantly reduce physicians' insurance payments, aid the public, or reduce health costs. It would, however, greatly benefit the insurance industry. Bibliography lists 3 sources.

Page Count:

3 pages (~225 words per page)

File: D0_khtortr.rtf

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Unformatted sample text from the term paper:

Medical Association, have sued when they felt that their rights or the rights of membership were being threatened (1994). However, while these organizations are all willing to pursue litigation in their own behalf, each one of them has sought, at one time or another, to limit the rights of ordinary citizens to take similar action (ATLA, 1994). The proponents of tort reform, such as the Bush Administration, tend to categorically lay the blame for runaway health care costs on what they deem to be excessive jury awards in malpractice cases. According to a Congressional Budget Office report that was released in February of 2004, the medical liability reforms proposed by Congress would not have a significant impact on health care spending in the US (Albert, 2004). In 2002, malpractice costs were estimated at $24 billion and this accounts for less than 2 percent of health care spending (Albert, 2004). Therefore, even a reduction of 25 to 30 percent in malpractice costs would lower national health care costs by about 0.4 percent and the corresponding impact on health insurance premiums would also be insignificant (Albert, 2004). The CBOs report also indicated that initial studies have shown that the savings from decreases in "defensive medicine" are not expected to be significant (Albert, 2004). As indicated by the position of the ATLA (1994), "defensive medicine" refers to tests or procedures that could be considered unnecessary, but are ordered by a physician as protection against liability. The CBO analyzed data concerning hospitalized Medicare patients and found no relationship between limits of tort liability and reduced medical spending (Albert, 2004). Furthermore, the CBO failed to find significant differences in medical spending between states that have initiated tort reform and states that have not (Albert, 2004). The CBO report admitted that outside studies have ...

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