Furthermore, no academic study has ever found a significant volume of successful frivolous malpractice claims (hammaker & knadig, 2018).

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You are expected to respond substantively to your classmate`s posts. This requires using evidence from resources to support your responses.
Please reply to Henry in 150 words: Medial malpractice claims are torts that cause injury to patients for which patients can then turn around and sue for damages (Hammaker, Pg. 160, 2017). A tort is further defined as “…the legal term for a civil wrong for which a remedy may be obtained” (Hammaker, Pg. 160, 2017). Two instances Hammaker describes as potential ways medical malpractice may come about via a healthcare provider is one: “Commits an intentional tort or wrongful act that injures a patient” (Hammaker, Pg. 163, 2017), and second: “Engages in negligence or act that deviates from the anticipated standards of care” (Hammaker, Pg. 163, 2017). Those two instances may be further defined as the necessary elements needed to substantiate in a court of law.
To further illustrate the definition of medical malpractice, Hammaker states “… a malpractice claim is that a healthcare provider failed to administer the care and skill ordinarily exercised by members of the medical profession” (Hammaker, Pg. 163, 2017). Hammaker further cites that to help illustrate what care should be provided, today exists evidence based guidelines which help define standards of care (Hammaker, Pg. 163, 2017).
Potential myths associated with medical malpractice include a leading myth in that medical malpractice and U.S. Legal System`s us of the tort system is a reason behind lack of access to quality of healthcare due to rising costs of liability insurance (Hammaker, Pg. 165, 2017). In actuality, less than 2% of the nation`s health care costs are attributed to medical malpractice. Additionally, due to the fact that around only 2% of healthcare spending is actually spent on medical malpractice, the other 98% may be overlooked due do this focus on a mere 2% (of 2.6 trillion) (Hammaker, Pg. 165, 2017). The focus being the on the money spend on malpractice leaves in the shawdows waste, fraud, inefficiencies, medical errors, and poor management to name a few items (Hammaker, Pg. 165, 2017).
This information is important to acknowledge when it comes to healthcare spending is again, the 2% spent on malpractice in healthcare seems in the opinion of Hammaker, overshadow the other 98% and in the inefficiencies, fraud, mistakes and errors occurring in everyday healthcare business and healthcare. Additionally, Hammaker adds “Almost two-thirds of all malpractice claims are not meritorious and most such claims are resolved without any payment of money (Hammaker, Pg. 165, 2017).
Please reply to Alicia in 150 words:
The definition of medical malpractice is claikms that are torts that cause injury to patietns for which patients may sue for damages (Hammaker & Knadig, 2018). Moreover, it is important to note that malpractice is of little consequence to the total cost of health care, but it is a factor that distracts from implementing real reform of the United States healthcare system (Hammaker & Knadig, 2018). Furthermore, medical malpractice represents a serious problem in the health system and is one of the risk factors for patient safety which damages the patient and increases costs for the patient and the health care provider (Raeissi et al., 2019). The importance of these complaints against physicians is that litigation may continue for a long time and become problematic for patients and physicians (Raeissi et al., 2019).
The elements that must be present in order to substantiate in a court of law include the following for malpractice liability when a healthcare provider (Hammaker & Knadig, 2018):
Commits an intentional tort or wrongful act that injures a patient
Engages in negligence or act that deviates from the accepted standards of care
The myths associated with medical malpractice include that malpractice costs raise the nation`s health care costs. In reality, malpractice costs account for less than 2% of total health care spending and this may seem insignificant until one realizes this is 2% of $2.6 trillion, which is the total amount spent on healthcare each year (Hammaker & Knadig, 2018). Another myth is that malpractice settlements are pervasive and irrational. In reality, almost two-thirds of all malpractice claims are not meritorious and most such claims are resolved without any payment of money (Hammaker & Knadig, 2018). Contrary to popular opinion, empirical research over the past two decades show malpractice settlements are deliberate and rational (Hammaker & Knadig, 2018). Furthermore, no academic study has ever found a significant volume of successful frivolous malpractice claims (Hammaker & Knadig, 2018).
This information is important to acknowledge when addressing healthcare spending because malpractice costs account for less than 2% of healthcare spending and thus, a reduction in such costs would have little effect on insurance premiums (Hammaker & Knadig, 2018).

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