Complete the following:
Assignment 1: Torts
In a well-written paper, relate your professional or personal experience in the business world to the readings for the week.
Identify and clearly define the relevant law, either defining a legal doctrine, provisions of a law, or elements of a specific cause of action.
Apply facts from your situation to the applicable law, doctrine or cause of action studied.
Does the result in this suggest a need for tort reform? Why or why not? In answering this question, make an argument for or against tort reform.
Clearly summarize lessons learned from the week as they apply to your fact pattern
Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented. Make sure your experience actually relates to the material for the week. Sometimes students have difficulty identifying a personal or professional torts case. You may also research a torts case to discuss if you do not have a personal or professional experience to discuss. Be sure to complete all bulleted points above.
In the area of torts we see many causes of action that are comprised of "elements." Define each element and apply facts from your situation to the law or elements. For instance, if you write about a situation involving negligence, you would define negligence stating, "Negligence occurs where a person's conduct falls below the standard of care, resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing. The elements of negligence are 1) duty; 2) breach; 3) causation; and 4) damages."
Your paper should be 2-3 pages in length, not including the title or references pages.
Assignment 2: Medical Malpractice and Tort Reform
Medical malpractice is one area where tort reform is argued most heavily. Some concerns are that caps on damages might result in costs that ultimately fall on the taxpayer; other concerns are the increase in medical expenses for tests ordered before diagnosis by physicians hoping to eliminate a future claim of medical malpractice.
First, research medical malpractice for an understanding of the elements of this cause of action. Then, read the following two articles and answer the questions posed.
Kenney, K. (2009, Aug. 9). Fixing health care reform requires tort reform.
Doroshow, J. (2009, Nov. 9). Medical malpractice tort reform-we are already suffering and don't need more.
1. What must the plaintiff prove to prevail in a claim of medical malpractice? Clearly define this legal doctrine, including the element of this cause of action. How does medical malpractice differ from a standard negligence claim?
2. What defenses, if any, exist for a claim of medical malpractice?
3. Evaluate arguments for and against tort reform in the area of medical malpractice. You are encouraged to illustrate your arguments by using real case examples, either researched or from the material provided.
4. Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented.
Your paper should be 2-3 pages in length, not including the title or reference page.