A Discussion on the Tort Law

Introduction

Tort refers to a civil wrong that causes an injury for which the victim may seek compensation of the damages, mainly in the form of money against the wrongdoer. The tort law is the body of laws that facilitate the tort liabilities to be sort in a court of law against the wrongdoer and helps to award the damages on the victim with the aim of restoring him to the position he was before the negligence was committed. Tort law controls three theories of a lawsuit this include, negligence, strict liability, and international torts (Bal, 2009).

What do you think about the role and success of tort laws in promoting quality healthcare?

The tort laws have achieved its role of ensuring strict liability of the medical negligence done to the victim by providing that the victim is compensated with the aim of restoring them to the position they were. The success of the tort laws has been achieved through various ways that include. First, holding health professional and institutions accountable for medical errors during health care service delivery. This helps that the healthcare institutions take great caution to minimize risks. Secondly, promote the use of defensive medicine this involves the over the use of diagnostic testing and health services to reduce the health providers reliability exposure. Defensive medicine involves conducting various screenings and tests on the patient to help minimize any chances of an error occurring thus ensuring quality health care.

Does it help to deter errors if not? Why not?

The tort laws have attained its objective of preventing errors in the provision of quality healthcare. This has been achieved through various ways that include. First, encouraging patient participation in their medical care and creating a national focus on the patient safety. Secondly ensuring that the healthcare providers are well experienced to help minimize the risk of occurrence of errors during treatment. Thirdly, providing that the medical personnel undergoes adequate training to equip them with skills facilitate the reduction of errors.

What are some of the alternatives to our tort law system to promoting high-quality healthcare?

Malpractice suits are not specific; many invalid claims are being paid, and the payments may be made in proportion to the injury suffered rather than the quality of healthcare offered. For example, there is a relation between the strength of evidence of the negligence and the physician's probability of losing the malpractice trial (Cebul, et al. 2008). Therefore there is need to employ alternative systems such as applying combined health and life insurances policies. The health and life insurer attempts to minimize mortal risks of the policyholder from any medical mistakes, and could, therefore, pursue quality improvements efforts. If the policyholder has trust in the insurer to develop effective care, identify and prevent inadequate care, and compensate survivors through paying insurance benefit, then tort law may be dismissed, and the right to sue may be eliminated (Studdert, 2010).

References

Bal, B. S. (2009). An introduction to medical malpractice in the United States. Clinical Orthopaedics and Related Research, 467(2), 339-347.

Cebul, R. D., Rebitzer, J. B., Taylor, L. J., & Votruba, M. E. (2008). Organizational fragmentation and care quality in the US healthcare system. Journal of Economic Perspectives, 22(4), 93-113.

Studdert, D. M., Mello, M. M., & Brennan, T. A. (2010). Defensive medicine and tort reform: a broad view.