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Essay on malpractice in the medical field
Essay on malpractice in the medical field
Implication of medical malpractice
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Malpractice in healthcare happens very often and it’s very controversial. There are many reasons why patients sue physicians. Patients sue physicians because failure of diagnosis, birth injury, misdiagnosis, medication errors, failure of informed consent, and surgical errors (Judson & Harrison, 2015). In addition, Chandra et al. implied that, “Of those who did file, about 70% agreed with the position that there are too many medical malpractice lawsuits filed each year” (2009). Aside from the failures that physicians plan to reach, the patient’s motives are somewhat misleading. The reason why patients file lawsuits against physicians is because plaintiffs advised by knowledgeable acquaintances to sue, a cover-up, needed money, recognized that the child would have no future, recognized that the child would have no future, and wanted revenge or protect others from hard (Judson & Harrison, 2015). In general, …show more content…
Friedson implied that:
Suits for medical malpractice are filed under a state’s tort law. An individual can bring a case against provider that treated him or by claiming that the provider acted negligently and that the negligence led to an adverse outcome. Three types of damages are awardable; economic damages for lost income and medical expenses, noneconomic damages for pain and suffering, and punitive damages if it can be shown that that provider acted in a reckless manner (2017).
In addition, a malpractice lawsuit can be relatively high. Physicians are able to purchase liability insurance that can cover these high costs just in case a lawsuit is being carried out against them. However, these liability insurance rates can be too expensive that physicians are pushed to eventually drop the liability insurance altogether. As a result, if the physician drop the liability insurance, the physician cannot obtain a position since most organizations require proof of the insurance as a
Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease.
In the healthcare industry, medical malpractice has a history that extends way beyond the days of physicians carrying a black bag full of medication and remedies to treat patients. Health care has since evolved to digital technology that can detect and treat disease. However, before physicians had advanced machinery making medical diagnosis, doctors had their textbooks and medical judgment to rely on for treatment. Physicians are human and medical mistakes can happen, but should not happen due to negligence. With that said, medical malpractice lawsuits are not the latest trend in the United States. According to the US National Library of Medicine National Institutes of Health, medical malpractice lawsuits first appeared in the United States beginning in the 1800s. However, before the 1960s, legal claims for medical malpractice were rare, and had little impact on the practice of medicine. Since the 1960s the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are relatively common in the United States.
In the State of Hawaii, there exists a Medical Liability/Malpractice Joint and Several Liabilities Statute. This allows people to pursue a civil lawsuit against a physician(s) or other health care providers. It allows people to sue for damages in the event of an injury or death as a result of negligent behavior. In order to recover damages, a person must establish the following:
Learning from what Dr. Anna Pou had to face with the lawsuits she was dealing with makes me cringe. As Healthcare professionals, having to worry of possibly being sued for believing what is right for the patient or as a whole for the hospitals health is ridiculous. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Often time’s society look at courts cases as a battle versus two oppositions, but Dr. Pou’s case it is not. In her statements from national television she states saying her role was to ‘‘help’’ patients ‘‘through their pain,’’.
Explain the issue or dilemma using information from the readings in the book and other sources.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
He said, “Studies of specific types of error, too, have found that repeat offenders are not the problem. The fact is that virtually everyone who cares for hospital patients will make serious mistakes, and even commit acts of negligence, every year. For this reason, doctors are seldom outraged when the press reports yet another medical horror story. They usually have a different reaction: This could be me. The important question isn’t how to keep bad physicians from harming patients; it’s how to keep good physicians from harming patients” (658). Like Gawande asked—how do you keep good physicians from harming patients? Even the best of doctors and surgeons manage to make mistakes that led to being sued or even worst—they get to experience the death of their
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
In other words, the addition of two additional elements -- legal causation and damages -- are necessary before medical negligence will give rise to a viable medical malpractice lawsuit. If the doctor’s medical negligence was not a foreseeable result of the patient’s harm (causation), or if the doctor’s medical negligence actually had no detrimental effect on the patient’s condition (damages), a medical malpractice claim will fall short. To learn more about the legal issues, see When It’s Malpractice, and When It Isn’t.
For healthcare providers, there is no word that elicits as much frustration, fear and anger as much as the word “malpractice.” Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence. In order to prove that there was some type of negligence going on you must show that:
Given the difficulties in the present tort system, we often become victims of the failures of medicine as opposed to beneficiaries of its many successes. Physicians have lost in that they have changed, limited, or closed their practices after having spent the most vigorous years of their lives training for such work. Patients have lost in that the physicians of their choice, with whom they have developed trusting relationships, are no longer available to care for them. It is certain that the system requires sensible reform (p.525).
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
As medicine becomes more commercialized, patient-physician relationships become less intimate and thus patients hold less sympathy for doctors who make mistakes. Having no emotional ties to their physician, patients are more likely to change doctors after they discover their current one has made a mistake. This is a problem for physicians as it is a loss for their business and ultimately their revenue. Because physicians want to keep a steady influx of patients and avoid malpractice they have equated mistakes to loss of business. “It’s almost impossible for a physician to talk to a patient honestly about mistakes because of the doctors fear they will lose patients” (Gawande 58) But, a 2006 study in the Journal of General Internal Medicine found full disclosure of error reduces likelihood that patients will change physician and improves satisfaction, increases trust, and results in a generally positive response from the patient. By fully explaining why the error occurred and how the patient should have been treated, the doctor takes responsibility for the error, which many patients respect and appreciate. This appreciation can go a long way in the patient-physician relationship and in most cases, help the patient forgive his
Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the costs of health care by reducing the risk of civil litigation and exposure to fraudulent claims (“What”). However, the real factor at hand and the real cause of the industry’s high costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuits. Thus, large public support exists for tort reform. While the proposed legislation enacted through tort reform could cut the costs of health care and positively transform the industry, it is ultimately unconstitutional and could not withstand judicial scrutiny.
On the other hand, the punitive damages may be unlimited if the malpractice is proven to be done on purpose and full intent (Medical Malpractice,