Summary
Though not stated in explicit terms, the
authors set out to put the tort reform debate into a proper perspective. Proponents
of reforming medical malpractice law have argued that doing so would help
increase accessibility of healthcare to the poor. They fault the current state
of that law for creating a disincentive against providing healthcare services
to the poor by physicians. The authors discredit this argument as premised on
myths. For one, they note that empirical evidence do not support the argument
that most adverse events results into lawsuits (Glasson & Orentlicher,
1993). They also use empirical evidence to disabuse the notion that the poor
are more likely to file medical malpractice cases. In argument against focusing
too much on tort reform, the author argues that increasing healthcare access to
the poor can still be achieved by other approaches. They point at universal
healthcare insurance as an example.
Analysis
A journey through the article reveals a
balanced approach to issues. Healthcare remains one of the most important
policy issues in the U.S given that more and more people are finding it
difficult to afford health insurance (Walt, Carmen, Proctor and Smith, 2011).
The authors were, therefore, justified in discussing tort reform given the
perception that such a reform may hold the key to solving the current
healthcare crisis. Unlike most editorials in such controversial issues, the
authors have largely succeeded in looking at the divergent positions on their
merits. For instance, their premise that calls for tort reform is founded on
myths is supported by real empirical studies as opposed to the authors’ biased
opinions. In addition, the authors are alive to the reality that even good
science must leave room for the possibility that a mistake could have been made
(Lilienfeld, 2010). They do this by acknowledging that methodological flaws may
fault some of the empirical studies they cite in support of their position.
References
Glasson, G., & Orentlicher, D. (1993).Caring for the
Poor and Professional Responsibility: Is there
a Need for Tort Reform? The Journal of
American Medical Association, 270(14), 1740-1741.
Lilienfeld, S.O. (2010) .Can Psychology become a Science?
Personality and Individual Differences, 49,281-288.
Walt, D., Carmen, Proctor, B.D., Smith, J.C. (2011).Income, Poverty and Health Insurance Coverage in the United States.Washington,
D.C:U.S Census Bureau.
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