Tort Reform: Reigning In the Costs Of Medical Care

A tort is an action that results in harm to a person or property. Torts can be litigated, and the person who initiates the litigation can be awarded damages if the person accused of wrongdoing had a duty to act in a particular manner but breached that duty, and if damages or injuries occurred as a result.

Torts of negligence are careless acts that cause injuries or damage. Medical malpractice suits accuse healthcare providers of torts of negligence by causing harm to a patient through deviation from acceptable medical practices. Malpractice suits generally allege a medical error by the physician.

In order to win a malpractice tort claim, a plaintiff must first demonstrate that the defendant owed a legal duty to provide care, then that the defendant breached that duty by failing to conform to the relevant standard of care, then that the breach of duty was the cause of harm or damages, and finally that harm or damages actually occurred.

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