Medical Malpractice Lawsuits

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Introduction: Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence. 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). Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed. If a patient is filing for a medical malpractice case, the l... ... middle of paper ... ...012). Health Economics. Upper Saddle River, NJ. Pearson. Schwartz, J. C. (2013). Learning from litigation. New York Times. Retrieved from http://www.nytimes.com/2013/05/17/opinion/how-health-care-is-learning-from- lawsuits.html?action=click&module=Search®ion=searchResults%230&version=&url =http%3A%2F%2Fquery.nytimes.com%2Fsearch%2Fsitesearch%2F%23%2Fmedical% 2520malpractice%2520cases&_r=0 Seidman, Margulis & Fairman. (2014). Informed consent in cases of medical malpractice. Retrieved from http://www.seidmanlaw.net/Catastrophic-Injuries_PC/Informed-Consent- in-3-Catastrophic-Injuries_PC.shtml Sullivan, Papain, Block, McGrath & Cannavo P.C. (2014). Medical Malpractice: Failure to Diagnose Cancer. Retrieved from http://www.triallaw1.com/Results/Medical- Malpractice-Claim-Cases-Settlements-and-Verdicts/Medical-Malpractice-Failure-to- Diagnose-Cancer.shtml

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