Bronx Medical Malpractice Law

Medical error is the third leading cause of death in the US, right behind heart disease and cancer. More than 200,000 people die annually as a result of diagnostic mistakes and negligence by healthcare professionals (Washingtonpost, 2016). In the healthcare industry, even the smallest mistakes and oversight could lead to severe consequences for both the patient and professionals. A healthcare professional would be held liable for any discrepancies that causes harm. The following case will analyze the ethical issue and negligence that lead to the death of an elderly woman.

When assessing whether a no fault regime is better than a negligence rule in dealing with the causes and consequences of medical error, it would seem prudent to first understand the meaning of the term “medical error”. Liang defines medical error as ‘a mistake, inadvertent occurrence, or unintended event in health-care delivery which may, or may not, result in patient injury’ (2000, p.542). The consequence of these errors (or adverse events) that lead to patient injury, and the method by which we determine and administer compensation for such injuries, has been the source of heated debate amongst scholars in recent

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

Medical malpractice, the negligence of a health professional in diagnosing, treating, and or caring for a patient, is a specific tort law under the negligence torts. In the medical field, the tort reform has affected many people including doctors, lawyers, insurance company owners and workers, patients, and including other citizens. While large corporations, doctors, and other defendants are benefitting from caps on damages, that is limiting the amount of money that can be granted in court, plaintiffs, lawyers, and citizens are affected differently. Doctor Sage stated in an interview that he has, “never felt that caps on damages had a major effect on patients one way or the other” (“Could Malpractice”). This remark makes those injured question about

The negotiation phase would follow, and in most cases, the Chicago medical malpractice lawyer would be in a good position to conduct negotiations after all the evidence has been collected and collated. It would be the job of the lawyer to Assess the extent and seriousness of the injury, considering the economic and other losses, actual and potential, and conferring the matter with the insurance company. The trial phase would ensue should the negotiation stage

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

Across the country, there are calls for medical malpractice tort reform based on the perception of frivolous lawsuits by patients with patients without valid claims and less-than-scrupulous lawyers are willing to prosecute them. On the one hand, the fact that some plaintiffs have received enormous settlements as a result of their medical malpractice lawsuits further fuels the debate that tort reform is needed to avoid these types of settlements that are incongruent with the facts. On the other hand, though, few observers would likely argue that some type of medical malpractice protections are required in order to protect patients from truly substandard and dangerous medical care practices and to compensate them for their injuries when these eventualities occur. One state that has implemented reasonable malpractice statutes and procedures that avoid these two extremes is Ohio where legislators passed tort reform laws in 2002. By contrast, many of the State of Michigan's laws on medical malpractice date back 40 years. This paper provides a description of the provisions of the medical malpractice statutes and procedures from these two states, followed by a summary of the research and important findings in the conclusion.

It is not guaranteed that your physician or any other health professional will provide you with the valued care at all times even if they truly attempted to. In this situation, which could be detrimental to a person's health and life brings up the ongoing trend of medical malpractice suits. Medical malpractice can occur on different occasions. The various types of medical malpractice include: plastic and cosmetic surgery, prescription drug error, birth injuries, obstetric malpractice, and surgical as well as diagnosis errors. According to the New England Journal of Medicine, Americans file more than 17,000 medical malpractice lawsuits a year. If those lawsuits are won in favor of the patient, it can result in extreme out of pocket costs for the hospital that the health provider is associated with. In a 2005 medical malpractice case, the jury awarded 4.5 million to a family of a boy born with severe brain damage after a traumatic delivery in 1996. Due to the poor delivery, the boy now suffers from cerebral palsy and functions at the level of a

In the healthcare field, one of the rudimentary rules first learned is maleficent, “to do no harm.” However, medical malpractice seems to be skyrocketing throughout the years. In 2010, according to the American Medical Association (AMA), the United States was experiencing its third full blown medicine liability crisis with many physicians’ practices becoming limited due to increasing malpractice costs (Ellington, 2010). According to Sage (2012), United States has the most expensive healthcare system in the world and a high rate of litigation. Under the healthcare delivery system, it is viewed as far from perfect and the primary cause for high unjustified medical spending. As well as, the largest financial damages awarded to successful plaintiffs

Bear in mind that medical errors are not minor mistakes. The reason is that any kind of clinical negligence can cause a severe pain, injury and mental fatigue to the patients. Usually these kinds of errors can take place during operation in emergency rooms. Nevertheless the sufferers do have their own right for filing the case against certain types of damages with the help solicitors in court. For that reason, the injured party can make build up their strong case by hiring a professional personal injury solicitor. A lawyer should have two kinds of attributes. One attribute is that your solicitor should be absolutely knowledgeable whereas second attribute is that he should be creative and highly skilled lawyer. This will determine that how strong your personal injury case is in court.

The results can be catastrophic for the patient when doctors act carelessly. It is not surprising, then, that damage awards in medical malpractice cases are among the largest of all personal injury cases. Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for complete or partial disfigurement, death, and impairment.

Medical malpractice is considered to be a professional act of negligence by a health care professional or provider in which treatment provided was poor, and caused harm, injury or death to a patient. Medical malpractice is, unfortunately, becoming very common in health care all over the world, but there are precautionary measures that could help health care professionals to prevent becoming part of these statistics. “According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.- right behind heart disease and cancer” (Cheeks, 2013). Throughout the past years there has been billions of dollars of medical malpractice payouts. With each passing year medical malpractice

Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)

Doctors are trusted to care for their patients and do whatever they can for them but it doesn’t always occur. Some doctors don’t properly do their jobs which can lead to problems. These complications can be anything from an infection to a misdiagnosis or possibly even death. In 10 years, almost 6,000 doctors had privileges taken away by a medical facility for not properly caring for patients (Eisler and Hansen). Medical malpractice is a preventable problem with a variety of solutions.

We have all heard about different malpractice cases whether on line, in the news or personal experiences. Throughout the years, many medical procedures have been changed due to new technology and doctors have been tasked with learning new procedures; and following these procedures that are set forth based on the equipment. Unfortunately for some doctors, patients have been killed, limbs removed in error amongst other medical conditions that are irreversible because of negligence. Based on so many incidents occurring, tort law has bene developed to protect the patient (Lau & Johnson, 2014), in cases where doctors act negligently or fail to proper procedures resulting in a serious medical error. This paper outlines a medical malpractice case and speaks to the differences between malpractice and negligence; as well as speaks to the arguments and defense within the medical malpractice case presented.