Greedy Physicians: Medical Negligence In Texas

“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite

Over the past decade, virtually every major industry invested heavily in computerization. The heath care industry was no exception to the rise in the use of technology. These technologies are starting to allow health care practitioners to offer faster, and more efficient patient care than ever before. No doubt this is the right direction we expect health care to follow.

2. Here, the research shows that in many situations, healthcare professionals are urged to conduct unnecessary tests and procedures in order to rack up the bill for insurance claims to then

Ambiguity and lack of regulatory control is echoed in David Powner’s article published in the Lancet Journal: “Clinicians do not always follow an established policy or provide appropriate documentation. Surveys or chart reviews showed that doctors sometimes failed to document specifics of clinical examinations, omitted criteria demanded

Medical Malpractice consists of negligence committed by a medical professional. There are many possible events that can occur in the practice of medicine. When physician make a medical error it could possible result in an injury. We often put our faith in doctor to make the right medical decision for us. However, medical malpractice does not always hold up since some patient can take advance of the system. There are some defenses that exist when talking about the medical malpractice.

Going back hundreds of years, we can trace the history of health care. Although it has evolved over the years, it all has a common goal; to heal those who are ill. Technology is one of the major evolutions and now plays a big role in the health care system. It helps patients to be more involved with their healthcare. They can make appointments, follow up on test results, and contact their doctors. Back then, they didn’t even have all the medicine we have now, let alone the technology. We can only imagine what is in store for the future.

An issue in the medical world today is that expensive tests and procedures are being done unnecessarily. In his article “Overkill” Atul Gawande, surgeon at Brigham and Women’s Hospital, in Boston, and a professor in the department of health policy and management at Harvard School of Public Health argues that as someone in the medical profession he sees how unnecessary some medical procedures are. “The researchers called it “low-value care.” But, really, it was no-value care” (Gawande). Many people today are easily influenced by the power of the internet it’s as easy as googling a symptom and and coming up with a diagnosis and going into doctors offices and demanding a test or procedure, what these people don’t know is the cost of these tests

The Verdict (Lumet, Zanuck, & Brown, 1982) is a powerful film about medical malpractice and the concealment of evidence. A young woman arrived at a Catholic hospital to give birth. The admitting nurse noted in the patient’s history that the patient ate within one hour of admission. The anesthesiologist neglected to review the patient’s history prior to administering the anesthetic. (Patients cannot go under anesthesia safely if they have eaten within nine hours of the procedure.) The patient aspirated her stomach contents causing her to stop breathing. Without oxygen for several minutes, the patient became brain damaged and went into a persistent vegetative state. When the patient’s sister sued the anesthesiologist and archdiocese for

Lawsuits of medical malpractice may be the greatest threat to justice in the legal system. Tort cases are constantly filed against medical practices which cause health care prices to dramatically increase in states lacking caps. Medical practitioners are forced to undergo an unnecessary amount of costly tests and procedures in order to defend themselves from frivolous lawsuits. The expenses of these precautions cause hospitals and other medical facilities to charge more for the care given to the patients,

The first recommendation would be to limit litigation against doctors. According to a study by the U.S. Department of Health and Human Services, 79% of doctors said that they had ordered more tests than were medically necessary; 74% have referred patients to specialists more often than was medically necessary; 51% have

In the UK, like in the US, there is a growing shift from the traditional approach of the Bolam test to a patient-centered approach (Culhane et al., 2012, p. 567). In the Bolam case, the argument is that a physician is legally correct is acting according to the standard accepted in medicine. The court ruling was that the doctor was not liable for practice violations if the practice did not require disclosure of the risks of its application (Culhane et al., 2012, p. 568).

Malpractice is the failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. Though accountants, lawyers, and other professionals can be charged with malpractice, the term is most commonly associated with medical professionals (e.g., doctors, nurses, hospital technicians.) Liability in malpractice depends on whether "a physician meets a legally required standard of care" (Greenberg 2011). Most medical malpractice suits are for negligence on the part of medical professionals in providing this expected level of care. In recent decades, partially as a consequence of medical costs, there has been a considerable expansion of medical malpractice suits, though the number of malpractice claims represents only a small percentage (about 3%) of all cases of actual negligence. State tort provisions do "influence litigation risk and malpractice insurance is used to mitigate this risk" (Linville 2011).

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

First, assembly line medicine has caused the rise of malpractice suits, often for trivial matters, leading to doctor practicing what Peter Ubel deems ‘defensive medicine.’ In this version of medicine, doctors tend to order many tests, prescribe ineffective medicines, and call in specialists to check their work to avoid being sued. Another side effect is fee-for-service medicine, in which, “The provider is rewarded for customer encounters, procedures delivered, and boxes checked in the health record. S/ he makes more money by doing this as fast as possible …

The practice of scheduling more procedures and tests that might no be necessary for the patients where it serves to protect a physician from a plaintiff is considered defensive medicine. This is a very common practice among doctors. Kapp states that defensive medicine is defined as clinical practices that is driven by the physician’s legal self-interest, rather than by concern about the patients’ health. (2016) One of the reasons for this is because the doctor wants to make sure they are not missing any possible condition that they could not diagnose without this test. Physicians try to avoid malpractice litigations by ordering marginally useful test, performing marginally useful procedures, and prescribing marginally useful medications. (Thomas, 2010). Many doctors do this for self-preservation.