Tort Reform

Question 1

What is Tort Reform?

Answer 1

the purpose of tort law is to award fair and reasonable compensation to persons wrongfully injured at the hands of others. It strides to make victims of wrong doing “whole” again through the award of monetary damages. In Tort Reform, the tort system seems to become imbalanced, legislatures make laws to adjust the system

Question 2

What led to the Health Care Malpractice Crisis?

Answer 2

1. the Post WWII consumerism movement:
   a. Employee health benefits increase access creating increased liability risk.
   b. New medical technologies and drugs
   c. more educated consumers
   d. more business-like health care environment

Question 3

How many waves of tort reform have occurred?

Answer 3

2

Question 4

When did the first wave occur and what happened?

Answer 4

The first Wave occurred post WWII. It expanded plantiff’s access to the court system.

Question 5

When did the second wave occur and what happened?

Answer 5

It began in the 1970’s. It began restricting plantiff’s access to the court system.

Question 6

With Wave I of tort reform came about abolition of contributory negligence (if injured pt is in any way responsible, he cannot be compensated), what came about in its place and what does it entail?

Answer 6

Establishment of comparative fault- which means compensation is reduced by the amount by which the plantiff was responsible for his own injuries.

Question 7

Which wave is res ipsa loquitur associated with?

Answer 7

wave 1

Question 8

What does res ipsa loquitur mean?

Answer 8

the thing speaks for itself.

Question 9

what does res ipsa loquitor entail?

Answer 9

• when injury results from treatment that normally would not occur unless the provider was negligent.
• when the treatment was exclusively under that of the provider.
• when the pt. did not contribute to the injury at all.

Question 10

Strict product liability, associate with wave 1, means what?

Answer 10

Strict product liability is an expansion to include liability on the part of the health care provider for pt injury when using a dangerously defective product.

Question 11

Punitive damages are a part of which wave?

Answer 11

Wave 1

Question 12

What are punitive damages?

Answer 12

Punitive damages are imposed when the practitioner’s wrongdoing was intentional or reckless. It can be reduced by a judge, or changed or overturned on appeal.

Question 13

Why did wave 2 of tort reform come about?

Answer 13

wave 2 of tort reform occurred in response to the healthcare professional liability insurance crisis of the 1970’s and 80’s

Question 14

Many changes occurred during wave 2 of tort reform. What were some of those changes?

Answer 14

a. Administrative hearings on merits of a malpractice case
b. Caps on “pain and suffering” monetary
c. limits on attorney contingency fee
d. limits on joint and several liability
e. statues of response: only a certain amount of time to file
f. relaxation of collateral source rule
g. penalties for filing frivolous law suits.
h. requiring payment of damages in installments
i. limits on punitive damages awards: limited to certain amount of money
j. changes in drug manufacturing liability

Question 15

What does iatrogenic injury mean?

Answer 15

illness caused by medication or physician.