Medical Malpractices Lawsuits and Their Changing Nature Essay

Medical Malpractices Lawsuits and Their Changing Nature - Essay Example D. The fourth step is establishing the causation in the medical malpractice suit. E. Finally, there is passing of judgment and the sentence based on evidence adduced. III. Discussions on the changing nature of medical malpractice suits influenced by the lack of national standards and federal government laws and statutes while using several examples in various states IV. The rising costs of damages in medical malpractice that underlines the need for further reform in medical malpractice laws. V. Conclusion and further suggestions for reforms in medical malpractice law Medical Malpractices and Their Changing Nature The law on medical malpractices and insurance has been under scrutiny and focus for many years across the United States and over the world. In recent years, Washington is realizing the need to support legislation meant to put a cap on the amount of litigation while restricting the amount of awards on damages resulting from medical malpractice suits. ... On the other hand, there are those who belief that the blame squarely lies on the insurance market for medical malpractice. This expose elucidates on the issues central to medical malpractice suits and their changing nature. Therefore, the expose begins by giving an overview on the operations of medical malpractices law and the procedure towards the awarding of damages in a medical malpractice lawsuit. After an analysis of medical malpractice law and lawsuits, the expose gives an investigation of the changing nature of medical malpractice law. Thereafter, there is an in-depth investigation of the cost factor in damages awarded to patients harmed by medical practitioners while finally the paper proposes further reforms in the tort law on medical malpractice in the concluding part of the expose. Medical Malpractice Law and Suits The jurisdiction of medical malpractice laws in the country is traditionally the preserve of state governments and not under the federal government. In this re gard, the legal rules and the operational framework that guided medical malpractices were precedents from states courts instead federal laws and statutes. Thus, medical malpractice laws were common laws since they were legal rules established by the state courts. In this effect, since the laws set in judgment and settlement from a state has no weight in another state, the laws and framework for handling medical malpractices varied, and still does to some extent today, from one state to the other state regardless of similar principles. Speiser points out that, the law on medical malpractice has its origin from English common law of the nineteenth century. However, the law that developed to medical malpractice law is an