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FLORIDA'S MEDICAL MALPRACTICE TORT REFORM: A COGNITIVE ANALYSIS OF LITIGIOUS, LEGISLATIVE PROMULGATION AND JURISPRUDENCE

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Date Issued:
2012
Abstract/Description:
Public opinion in recent years has been seemingly manipulated by superfluous stories, bad press, and negative commentaries regarding the perceived "Medical Malpractice Crisis." It has initiated a political attack on Florida's tort system which has resulted in making valid medical malpractice claims even more so difficult for victimized plaintiffs to pursue. After months of diligent research, and with the loyal aid of my university advisors and the dedicated law librarians I've had the honor to work with, I have thoroughly analyzed Florida's past and present medical malpractice tort reforms and governing procedural laws; in addition to arguing, by virtue of this thesis, why these reforms were truly enacted, how traditional tort reforms have egregiously compromised public interests, why Florida's future - with regard to legislative change - is grim, and how new, innovative tort reforms - such as those established overseas - could genuinely benefit Floridians. The premise of the conclusion reached in this research is partially iterated in a quote by the critically acclaimed "Insurance Law Expert," Tom Baker: "...the medical malpractice myth. Built on a foundation of urban legend mixed with the occasional true story, supported by selective references to academic studies, and repeated so often that even the mythmakers forget the exaggeration, half truth, and outright misinformation employed in the service of their greater good, the medical malpractice myth has filled doctors, patients, legislators, and voters with the kind of fear that short circuits critical thinking." -Baker, T. (2005). The medical malpractice myth. Chicago: University of Chicago Press.
Title: FLORIDA'S MEDICAL MALPRACTICE TORT REFORM: A COGNITIVE ANALYSIS OF LITIGIOUS, LEGISLATIVE PROMULGATION AND JURISPRUDENCE.
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Name(s): Formoso, Joseph, Author
Milon, Abby, Committee Chair
University of Central Florida, Degree Grantor
Type of Resource: text
Date Issued: 2012
Publisher: University of Central Florida
Language(s): English
Abstract/Description: Public opinion in recent years has been seemingly manipulated by superfluous stories, bad press, and negative commentaries regarding the perceived "Medical Malpractice Crisis." It has initiated a political attack on Florida's tort system which has resulted in making valid medical malpractice claims even more so difficult for victimized plaintiffs to pursue. After months of diligent research, and with the loyal aid of my university advisors and the dedicated law librarians I've had the honor to work with, I have thoroughly analyzed Florida's past and present medical malpractice tort reforms and governing procedural laws; in addition to arguing, by virtue of this thesis, why these reforms were truly enacted, how traditional tort reforms have egregiously compromised public interests, why Florida's future - with regard to legislative change - is grim, and how new, innovative tort reforms - such as those established overseas - could genuinely benefit Floridians. The premise of the conclusion reached in this research is partially iterated in a quote by the critically acclaimed "Insurance Law Expert," Tom Baker: "...the medical malpractice myth. Built on a foundation of urban legend mixed with the occasional true story, supported by selective references to academic studies, and repeated so often that even the mythmakers forget the exaggeration, half truth, and outright misinformation employed in the service of their greater good, the medical malpractice myth has filled doctors, patients, legislators, and voters with the kind of fear that short circuits critical thinking." -Baker, T. (2005). The medical malpractice myth. Chicago: University of Chicago Press.
Identifier: CFH0004207 (IID), ucf:44972 (fedora)
Note(s): 2012-05-01
B.A.
Health and Public Affairs, Dept. of Legal Studies
Bachelors
This record was generated from author submitted information.
Subject(s): Florida
medical
medical malpractice
tort reform
Florida tort reform
Persistent Link to This Record: http://purl.flvc.org/ucf/fd/CFH0004207
Restrictions on Access: public
Host Institution: UCF

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