Topic > Medical Malpractice and Tort Systems - 1111

Health care organizations, particularly hospitals, are currently faced with numerous legal issues, many of which we will explore in this document. The first issue to examine is that of medical negligence and the civil liability system. The system of medical malpractice and civil liability constitutes one of the major legal issues faced by hospitals and health systems. Showalter (2012) states that with the decline of charitable immunity in the 1970s, healthcare was one of the areas affected by personal injury law and was held liable for negligent acts. Today, negligence continues to be a significant problem. Malpractice lawsuits are considered when negligence in medical care provided by a doctor, surgeon, other healthcare provider, or hospital results in injury. Most states require doctors to have liability insurance and hospitals and other health care facilities to purchase their own insurance and policies to cover medical personnel. The number of negligence claims continues to increase; Klein (2002) reports that obstetrics, diagnostic errors, surgery, and medicine are the areas of greatest liability. In 2011, over 9,497 claims were paid. With the total number of dollars paid in claims averaging more than $3,177,305.00 (Kaiser Family Foundation, n.d.). Medical malpractice premiums have also increased. According to Page and Fields (2011), the AMA reported that medical malpractice premiums in the United States between 1976 and 2009 saw a 950% increase. Malpractice lawsuits represent a major expense for healthcare organizations, particularly hospitals, hence the importance of developing strategies to reduce the prevalence of negligent acts. In response, numerous reform measures have been adopted, with each reform attempt, Showalter (201.... .. middle of article ......g the public image of healthcare organizations in the process. Works CitedKlein, CA (2002 Surveying the malpractice terrain), 27(11), 62. Retrieved from EBSCOhost. Nelson, L.I., Morrisey, M.A., & Morrisey, D.J. (2011). Medicine, 21(2), 443-519. Retrieved from EBSCOhost.Page, L., & Fields, R.(2011).13 Legal issues for hospitals and health systems. Retrieved from http://www.beckershospitalreview.com/hospital -management-administration/13-legal-issues-for-hospitals-and-health-.Showalter Stuart, J. (2012). ). (2012). United States: Medical Malpractice. Retrieved from http://www.statehealthfacts.org/profileind.jsp?cat=8&sub=102&rgn.=1