Leflar's Analysis Of Medical Malpractice Reform
Leflar (2013) analyzes how medical malpractice reform is affecting the health care industry in his medical ethics study entitled "Medical Malpractice Reform Measures and Their Effects." Leflar describes three types of reform initiatives placed into effect in the recent past: limited-liability reforms which favor the health care providers, procedural reforms said to promote safe harbor laws, and systematic overhaul reforms which "move liability away from physicians to hospitals or administrative no-fault compensation systems" (Leflar, 2013, p. 306). Leflar also assesses the current state of reforms already in place, such as damage caps, and that they ineffective at achieving the aims sought by medical malpractice reformers. Leflar suggests that more attention should be given to reforms which concentrate on no-fault systems, safe harbor laws, patient comp funds, early offers, etc.
Leflar notes how malpractice law stems from the tort law and that the earliest laws tended to favor the health care industry by making the goal to reduce the number of claims on the behalf of patients and families. "Payout limitations" were the effect of these early reforms (Leflar, 2013, p. 307).
These early reforms were followed by the next...
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