Prescribing Change: Exploring the Efficacy and Implications of Medical Malpractice Tort Reform

Abstract

Medical malpractice is complicated, involving medical error and translating to legal action. Malpractice occurs when a healthcare professional causes injury or death to a patient through negligence in care. The legal course following negligence is lengthy, and overlaps with topics of tort reform. Torts are acts that give rise to harm of another; and tort reform is the continuous change in the civil justice system concerning torts. The trends in which party (plaintiff/defendant) tort reform favored over time have had substantial impacts on the economy. Medical malpractice tort reform is a multifaceted and disputed issue that aims to strike a balance between safeguarding patients' rights and mitigating the burden of excessive liability on healthcare professionals. In the context of the healthcare system, tort reform seeks to regulate the litigation process surrounding medical errors, aiming to reduce escalating healthcare costs and improve access to quality medical care. While proponents argue that tort reform promotes greater healthcare affordability and accessibility, critics contend that it may compromise patient rights and limit accountability for negligent providers. This paper analyzes the history, perspectives, and legal rationales of medical malpractice tort reform from the perspective of a young adult with new eyes on the topic.