Question

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Due 03/21/20

What do you think about the role and success of tort law in promoting high quality health care? Does it help to deter errors? If not, why not? What are some of the alternatives to our tort law system to promote high quality health care?

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Answer 1

The tort means a wrongful, unlawful act injuring or affecting life, body, health, property or other protected right of other person.

Tort law is a private law. It includes legal rules that attribute legal responsibility and compensation duties or liabilities for damages resulting from torts.

Tort law has an important role in the success of promoting high quality healthcare because this law cares about the rights of compensation for the victim suffered from torts. It is very important from the healthcare point of view because for example accidents may happen due to any reason and anyone can get suffered, so this law provides the safety of compensation for the victim.

Tort law may deter errors to some extent but not completely because damages or accidents may happen unintentionally too. So, that time tort law saves the rights of compensation of the victim.

Alternatives to tort law is " No fault recovery" . As in the tort law tortfeasor is liable for the recovery but in no fault recovery the ability of victim to recover is based on factors other than the tortfeasor's liability.

No fault auto insurance is an example of alternatives of tort law i.e. no fault recovery.

So, these alternatives also plays a vital role in the success of healthcare system because they provide safety to tortfeasor also if he is innocent or tort is done unintentionally.

References:

1) Gostin LO(2000) Public health law

2) Grad FP(1990) The public health law

There are many more references.

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