Article one

Preshes Harmon

The Nebraska Hospital Medical Liability Act (NHMLA) aims to improve medical care availability by providing a more efficient system for resolving medical malpractice claims. The act provides a mechanism for patients to seek compensation for medical negligence, which protects the interests of patients. The act also encourages an alternative resolution and limiting attorney fees, the act can help reduce the overall malpractice claim (Nebraska Department of Insurance Medical Malpractice Excess Liability Fund, 2024).

The Nebraska Excess Liability Fund (NELF), this fund is a 'safety net' for medical providers. The provider will first secure primary medical insurance through an insurer for the required limit of $ 200,000. If the claim exceeds the physician's $200,000 (this was the limit before 2004)then the NELF funds provide the excess liability coverage for the healthcare provider (McKnight & Bennington, 2014).

Identify how medical malpractice laws protect providers. Medical malpractice protects providers by giving the provider the freedom to perform their duties without the threat of being sued for malpractice because frivolous lawsuits looming over their heads. The laws were also established to keep medical costs lower. These laws were also meant to reduce the frequency of medical malpractice (Leblang, 1994). The law placed a cap on the limits awarded.

Discuss how medical malpractice laws impact a patient's ability to receive compensation when there is proof of medical malpractice and resulting harm.

The law can significantly impact a patient's ability to receive compensation when there is proof of medical malpractice. The law is intended to provide for patients injured due to the negligence of a healthcare provider. Some factors affect a patient's compensation such as statute of limitations, expert testimony, damages, and settlement (McKnight & Bennington, 2014).

Article two

Medical malpractice is due to a healthcare provider's mistake and wrongdoing in regards to a medical procedure or injury that caused harm to the patient. Medical malpractice laws in the United States has been established per state courts. The rules of each state are different; but the legal system is structured to discover and negotiate disputes in a trial that could result in money damages to the patients (Bal, 2009).

The Nebraska Hospital Medical Liability Act (NHMLA) was established to keep the providers premiums low and capping the malpractice insurance company liability. The cap for the injured patient was $200,000 and the Nebraska Excess Liability Fund (NELF) was established to pay remaining balances up to $1.25 million dollars (McKnight, 2014). The (NHMLA) and (NELF) was established after the Hepatitis C outbreak in Nebraska to help and financially aid the patients that were mistreated by the medical staff.

1 in 3 providers are sued at least once in their career and medical malpractice protects providers that may have to pay a heavy price; due to court procedures (Bono, 2022). The providers that are held responsible for their actions will lose time, money and resources. Most of the careers of the providers are not considered over, just the reputation of many of tarnished and in may cases hard to rebuild.

In order for a patient to receive medical malpractice damages, it is divided into three categories: economic, non-economic and punitive. The economic damages are medical bills and other financial loss, the non-economic damage is pain and suffering and reducing quality of life. The punitive damages are the reckless behaviors that has caused injury to others and has extreme disregard for the safety of other (Goguen, 2022).

When a patient is injured by someone that they trust, such as a provider, it is not easy to repair with a financial outcome alone. Psychology and time will also need to assist in the overall recovery of the injured. It is the placement of the laws to keep the professionals honest and fair; but it is up to the professionals to want to provide quality care and maintain a healthy outcome for all of the patients. The basis of healthcare.

Assignment

Review the above articles and provide a thorough analysis on how agree of the author's point of view.