Are Doctors Being Sued Unfairly?

In order to claim that a doctor or hospital was negligent in a medical malpractice case, there must be specific requirements present. First off a doctor-patient relationship must have existed (Boeschen, 2014). An individual making the claim must show that there was a physician-patient relationship with the doctor being sued. This means the doctor was hired and agreed to be hired for the medical care provided. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Second the plaintiff must show the doctor was negligent. Regardless of if the patient is unhappy with their treatment or results, does not determine the doctor is liable for medical malpractice. The doctor must have been negligent -- not reasonably skillful and careful -- in a diagnosis or treatment (Boeschen, 2014). To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances would not have (Boeschen, 2014). In many cases, the doctor's care is not required to be the best possible, but simply "reasonably skillful and careful” (Boeschen, 2014). Whether or not the doctor was reasonably skillful and careful is often up to the medical malpractice claim.

The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.

From a personal standpoint I believe that the excessiveness of litigation is hurting the field of healthcare due to the affects in many different areas. It reduces access that patients need. Due to the misuse and disloyal antics of people making false accusations to self gain we will continue to see a rise in healthcare. I do not feel that all accusations are false, but I do believe that litigation has become successful due to dishonesty. In order for there to be financial distress for us all as a country we must flow diligently with each other. From a malpractice standpoint they need to ensure that their patients are taken care of to the best of their ability and that they are taking the precautions needed to ensure no

Defensive medicine takes two main forms: assurance behavior and avoidance behavior. Assurance behavior involves the charging of additional, unnecessary services in order to a)reduce adverse outcomes, b)deter patients from filing medical malpractice claims, or c)provide documented evidence that the practitioner is practicing according to the standard of care, so that if, in the future, legal action is initiated liability can be pre-empted. (David M. Studdert, et al., 2005) Diagnostic defensive medicine practices have a much greater impact on costs that do therapeutic defensive practices. One study conducted by American Academy of Orthopedic Surgeons, showed assurance behavior reported by 92 percent of physician respondents involves ordering test (particularly radiological imaging) performing diagnostic procedures through CT scans, x-rays, MRI studies, ultrasound studies, laboratory testing and referring patients for consultation. The ordering of unnecessary tests can lead to diminishing quality of care and produce emotional distress and necessitate additional invasive or hazardous procedures.

Medical malpractice claims have risen dramatically over the past 40 years alongside the financial claim awards (Kessler, 2011). Currently, America’s medical tort system is regulated and enforced primarily by the states (“Medical Tort System,” 2016). The main focus of tort law is to preserve the peace between two parties, to determine fault and discourage wrong doing (Pozgar, 2016). Most physicians today carry medical malpractice insurance to protect themselves from the high defense costs of claims and potential financial awards (Kessler, 2011). As the number of medical claims increase and jury awarded punitive damage skyrocket, medical malpractice insurance premiums have also risen dramatically (Kessler, 2011). Malpractice insurance

Clinical negligence claims have been said to act as a `wake-up call’’ since usually it is only when a case is won that issues relating to malpractice are brought to surface. Moreover, case law demonstrates that it is usually only when clinical negligence claims are brought to the court are the judiciary provided with the opportunity to define

Medical malpractice can take many forms, such as failing to diagnose a serious medical condition, misdiagnosis, adverse reactions, and anesthesia, surgical, and medication errors. It is important to note that not all medical errors constitute medical malpractice; thus, it is crucial that you speak with an experienced malpractice lawyer to determine if negligence has taken place and what your legal options are.

Malpractice actions are different from state to state, but I don’t think it’s consistent with the public’s generally held beliefs about malpractice because people want physicians to be liable for damages and

On the other hand, malpractice liability is a valid concern because in such “cases hospitals can be held liable for allowing an incompetent physician to provide services in the facility” ( Harris, 2014, p 134) . In this type of case, a patient can not only sue the physician for the alleged negligence in diagnosis or treatment, patient

Note that in some cases, the medical malpractice attorney may advise you to opt for out-of-court settlement. Ask him for his reasons and give him every understanding because he is a professional and knows what is best for you. Trusting his judgment and advice will make him pursue your case with the vigor it deserves till you get the appropriate monetary compensation. Consult thoroughly with a medical malpractice attorney and discuss every details of your case with him so that he can effectively give you the representation that will be fruitful to your compensation

These cases tend to appear as an abuse and injustice to the legal system. Thus, the people then believe that all malpractice suits are “meritless and unfair” to doctors and patients and victims deserving of extensive compensation (DiLascio). Or the suffering patients file more claims in the hope to receiving a bigger payout for themselves. However, most medical malpractice cases are not ridiculous at all. As a matter of fact, while seventy percent of patients could file a claim, most choose not to do so. For those that do choose to pursue, they abide to all rules and do not plead for more than what they deserve. These startling and exaggerated lawsuits “are blown out of proportion” and do not depict an accurate representation of the process to file a claim

“The real costs of medical malpractice have little to do with litigation but the lost lives, extra medical expenses, time out of work, and pain and suffering of tens of thousands of people every year” (Baker 1). The effects of malpractice in the health care field are a major issue in today’s society. Working on a more profitable and safe way to ensure the prevention of malpractice is what should be worked on to promote a safe and comfortable environment for the people. There are many errors that malpractice portrays in the healthcare field such handling medical situations: informed consent, foreign objects, and operating on the wrong body part. Also with these mistakes

medical injuries are a result of medical malpractice, yet these mistakes are not viewed as a public

No doctor, hospital, or health care worker is perfect, and even the most highly trained, conscientious medical professional can make a mistake. However, the basis of a medical malpractice claim is not whether a mistake was made but whether the care you received lived up to the established standard for your condition. To make a claim, your malpractice attorney must demonstrate that reasonable professionals in the same field would have acted differently and deviations from that standard resulted in physical harm.

Placed in a God-like position with the power and responsibility for life and death, doctors are automatically given (by society and by the institutions that employ them) an incredible amount of leeway and immunity when they make mistakes and reckless decisions.