Kashif Basaria Ms. Weaver English 2 Honors 7 January, 2014 Preventing Medical Malpractice It is unfortunate to say that medical malpractice is one of the leading causes of death in the United States. Medical malpractice is defined as negligence committed by a medical professional. Malpractice lawsuits have existed in the United States for more than 150 years, most of which were never pursued in court. Medical malpractice is interfering with patients’ rights as well as demanding high costs. However, medical malpractice can be overcome by managing the costs involved, and by regulating, enforcing and advocating patient rights. The most common medical malpractice claims are mainly from missed diagnoses. Their common result was, unfortunately, death, found in fifteen percent and forty eight percent of the cases filed. Most common cases involving missed diagnoses for adults were cancer and heart attacks (Jaslow). Other cases that were common were ectopic pregnancies, appendicitis, and fractures of the bone. Most missed diagnoses involving children were cancers, and meningitis (Jaslow). On account to this, Doctor Richard E. Anderson, chairman and CEO of the physician-operated medical malpractice insurer, The Doctors Company, says, “nobody benefits but lawyers…But the second message is [that] medical care is too expensive, we’re ordering too many tests” (Jaslow). Stated from the quote above, “too many tests” appear to be unnecessary and unwanted tests. Apart from this, some cases regarded the patient’s lack of attention to their disease or disorder. Not only is it the doctor’s responsibility to look after the patient, but it is also the patient’s responsibility to be attentive and persistent about their health and the health care provide... ... middle of paper ... ... a health problem, incorrect supervision of medication to a patient, faulty or sub-standard performance of a diagnosis, surgery, or any other type of procedure, inadequate use of medical tools and instruments and devices and their lack of maintenance, and negligence towards patient records, test results, or any other kind of documentation (Goguen). Although, the list of problems and causes of medical malpractice seems rather endless and long, it can be cut short. Some ways to prevent and avoid malpractice or medical error is to be aware and involved. A doctor can take note of their patient and their medical history. A patient can be aware of their surroundings and the treatment that they are receiving. A patient’s safety should be a doctor’s primary concern, because it is their responsibility to tend to patients needs and to assist them to a proper nourished life.
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Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
In “When Doctors Make Mistakes,” Atul Gawande flatly states that “all doctors make terrible mistakes” (657). In doing so he explains certain failures and errors that doctors commit that led to situations that in danger patients. Gawande first mentions a study that found “…nearly
Rooted in the intentions of weeding out dangerous practitioners, the blooms of the litigations created a toxic environment for physicians. The causes behind medical malpractice are justified, but the application needs work. Lawsuits inadvertently raise physicians’ liability insurance premiums, which financially and emotionally stresses them, who in turn leave an area and its residents. The effects of the lawsuits are felt by both doctors and patients. This is not to say that many physicians do not flourish in the healthcare system — they do. Hopefully, the effects of medical malpractice lawsuits can transform the toxic environment into one that facilitates growth and prosperity for
According to Poorolajal, medical errors occur when health care providers choose inappropriate methods of care or improperly execute an appropriate method of care (Poorolajal, et al. para 5 -10), which could potentially lead to loss of life and severe or permanent trauma to the victim. Valiani et al. argues, “Committing an error is part of the human nature” (540). Valiani et al. insist that no health care practitioner is immune to committing an error event if they demonstrate mastery of their skills (540). However, error in health care systems is dependent on many causes and factors. Management of such factors is essential to reducing the occurrence of errors in a health care system. Therefore, what strategies can medical practitioners implement to reduce medical errors? Medical practitioners can implement strategies such as communication, verification, and eliminating extended work shifts. These strategies are most effective because they help medical providers fulfill their full potential in doing their job in the most effective
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.
According to the Journal of Patient Safety, “Between 210,000 and 440,000 patients each year who got to the hospital for care suffer some type of preventable harm that contributes to their death.” Doctors are not perfect, but with some of the harms being preventable they should pay greater attention to what they are doing. To help prevent harm that could have been prevented they could check they have the right patient, double check they give the right medicine, and they could wash their hands.
The Medical Malpractice Myth is a book by Tom Baker that discusses the research findings relating to medical malpractice. Baker’s purpose for writing this piece is to reveal the discrepancies between people’s perceptions of the myth and its realities. He questions whether or not malpractice lawsuits or medical malpractice itself is the problem. Baker argues that disputes presented in the medical malpractice myth are not the issues that people should be concerned about.
Quality health care is the provision of effective and efficient health care that is free of errors or misjudgments. Quality health care puts the onus on medical practitioners to ensure that patients get the best comprehensive care possible in order to eliminate problematic situations. Over the years, reports have surfaced about discrepancies in the health care systems. Some of these errors have cost patients their well-being or more seriously, their lives. Cases involving medical malpractice, through negligence, are among the issues that compromise health care. Patients suffer adverse effects of omission or commission on the part of medical personnel and the results are sometimes very critical. Because of medical negligence,
Medical malpractice occurs when a healthcare professional or provider deviates from standard of care and fails to provide appropriate treatment or take an appropriate action that causes harm, injury or death to a patient. Medical malpractice law makes it possible for patients to recover compensation for any harm due to the negligence of healthcare provider and to prevent providers from practicing negligence (Kessler, 2011). Medical malpractice insurance, also called medical liability coverage is required in most states, hospitals and physician groups for a physician to practice medicine.
According to the American Bar Association “Medical malpractice is defined as negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.” When people think of medical malpractice they only see how it impacts the victim or the person who is suing the doctor, but do they ever wonder how it affects the doctors and those who are in the medical field? Do they think about how medical malpractice impacts the delivery of proper medicine?
From this view, various methods can be implemented to improve the process of reporting a medical error and reducing the number of lawsuits made by patients. First, healthcare providers should ensure a stable provider-patient relationship that is attained through effective communication. Secondly, healthcare professionals should engage patients in discussions that explain the consequences of a medical therapy before subjecting an individual to the identified treatment procedure (Song et al., 2016). Alternative methods that can be used to resolve the issue of medical malpractice include training programs that make it easy for healthcare providers and family to meet following a medical error. Such programs facilitate communication of heartfelt acknowledgment by the physician. Also, the program promotes honest and open engagement between the victim and healthcare professionals. BICEPS (Brevity, Immediacy, Centrality, Expectancy, Proximity, Simplicity) model is an example of an effective framework that is utilized in healthcare institutions to resolve problems involving medical errors. The model puts more emphasis on resiliency, strength, and support, which encourage nurses, and physicians to address adverse medical occurrences (Monk et al.,
From my point of view, I think that increase in medical litigations is one of the most important factor of health care crisis. Americans spend far more per person on the costs of litigation than any other country in the world. The excess of the litigation system are an important contributor to “defensive medicine” – the costly use of medical treatments by a doctor for the purpose of avoiding litigation. As multimillion-dollar jury awards have become more commonplace in recent years, these problems have reached crisis proportions. Insurance premiums for malpractice are increasing at a rapid rate, particularly in states that have not taken steps to make their legal systems function more predictably and effectively. Doctors are facing much higher costs of insurance.
Tort reform has been seen as a way to alleviate some of the high health care cost and a way to stop the act of “defensive medicine”. According to the American College of Surgeons, “Medical malpractice premiums have reached a crisis point in many areas of the United States, thus driving many surgeons away from high risk specialties.” In one medical practice w...
Healthcare today has made incredible progress from its humble origins. In the past personal physician-patient relationships was based on the skillful exercise of medical expertise, today the most advanced and complex health care is centered on the hospital ( Chan) Liability for medical negligence has traditionally been focused, in accordance with the cardinal principle of individual responsibility, on the individual physician. However, due to advances and developments in health care technology, organization and funding, the delivery of healthcare continue to evolve, and health care is provided by a variety of healthcare institutions. ( Chan). Healthcare institutions are liable for what happens to patients at their premises.
Today, there are patients dying at the hands of doctors. Dr. Harold Shipman is an example of how some doctors are not in the best interest of their patients, but have a sinister motive that is associated with a morbid rationale. Dr. Shipman preyed on his patients for his own personal gain instead of the personal benefit of his patients which ended up costing them their lives (Bio, 2017).. Patients should hold doctors to higher standards due to the large amounts of death due to malpractice and due tothe fact that some doctors do not have a good bedside manner towards their patients. There are some doctors will not give quality treatment, or any treatment at all, if patients do not have insurance. It does not hurt patients