Question

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?

Answer 1

Health insurers were not suspected to be sued for tort principles. They were subject to breach of contractual legal suits that failed in reimbursement of medical claims respect to services that are covered for beneficiaries of health insurance policies. It stemmed two linked facts:

1. Normative insurer practices leave medical judgments and decisions of treatment to doctor’s hands. The meaning is rare to insurer related actions that lead types of injuries covered under tort law.

2. An insurer denied beneficiary claim respect to insurance coverage; this occurred retrospectively. Other words after beneficiaries received required diagnostic tests and medications.

It does not determine the errors as it do not provide a clean test
of the impact of care incentives that arise from negligence-based liability. A shift from fault to no-fault insurance could also affect how insurers adjust insurance rates, thus it is not clear that no-fault rates are less sensitive.