Liability Insurance: Malpractice Cases

“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

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

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

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

The state of California is not stranger to its fair share of personal injury incidents. The entire state sees more than 200,000 personal injury incidents per year. The personal injury bracket includes a large number of accidents and incidents such as:

First, what is a medical malpractice insurance policy? A professional liability insurance policy can cover physical injury, property damage, and mental injury of another person, real or perceived, which occurred during interaction with them as a healthcare

It is expected CAP’s claims operation will have a positive impact on the overall profitability of our treaties. My review of the selected claim files found the HAPI medical professional liability program administrated by CAP, managed at a competent level, with appropriate reserve practices.

The importance of ensuring that claimants are given a reasonable opportunity to present their claim to obtain a fair outcome from the court was stated by Peter Walsh:

Have you or a loved one's health recently been affected by the negligence or misconduct of a physician or medical staff? If so, you may be eligible to file a medical malpractice lawsuit in order to recover damages for your medical costs, lost wages, and pain and suffering.

Police officers deal with both crime and the public on a daily basis, so they need to be diligent in their knowledge of Civil Rights Laws in order to avoid lawsuits that can come from those rights being violated. “The best way to avoid liability is logic and training” (Wells, 2014). The costs for civil liability lawsuits involving police officers/departments just for lack of or inadequate training based on a survey in 2000 were substantial as “the average award for plaintiffs was about $492,000 and attorney fees for the prevailing party averaged $60,000” (Spencer, 2007, p. 2). Some of the most common types of liability lawsuits include “false arrest, unlawful detention, excessive force, assault & battery, unlawful search, unlawful

One of the most useful characteristics with AMP in the MI is the ability to manufacture customized MI products whether they are painstakingly miniscule or severely complex. These products regardless of the detail needed to construct, have the ability to improve medical processes and reduce patient pain by simply fitting better and by design, encourage the healing process. These unique products are important to the industry and the patient because they drastically reduce the costs of healthcare by decreasing the surgical time while improving success rates, reducing the number of visits necessary, and lowering the high insurance rates by lowering costly malpractice lawsuits. Some examples follow:

If you, or somebody you know, have/has got an injury all through health care treatment, you or another one may have a claim for health care negligence. Illinois medical negligence law dictates more than a few requirements for submitting such types of claims like a court case, together with how much time an injured one has to submit that lawsuit in court.

There are a number of intentions that came to mind about obtaining a malpractice insurance policy on entrance into NP practice. Primarily is to have peace of mind, which is of incalculable value. I am definitely sure that there would always that worrisome thought about being sued. However, the fact that there is a malpractice insurance policy shifts the focus on providing a high quality care to the patients to the best of an NP’s abilities. Second, having the malpractice insurance covers the expensive settlement cost if there is ever a legal case against an NP. Without such insurance is like going into a war without a weapon. The amount of the settlement may be hundreds of thousand to million dollars and obtaining malpractice insurance would aid you to continue to live decently, financially speaking. The lawsuit itself negatively influence an NP’s wellbeing, not having malpractice insurance is like stripping the monetary aspect of the care provider’s life. Lastly, it would be great if there would not ever be a lawsuit in the entirety of an NP’s career. Despite the cost of insurance that he/she may spend, it is also crucial to think about how that money is distributed amongst the providers under that same insurance policy. It not only protects an individual NP but also contributes to the distribution of the money that helps the rest of the insured providers under similar insurance company.

Further damages include loss of function and deformity to some of the patient’s digit, rendering her unable to pursue her career as a musical conductor. In order for a malpractice claim to be valid, one of the four elements mentioned earlier has to be proven (Westrick, 2014). The main task by the courts is to determine if the breach of duty the cause of the damages (Walker, 2011).

Liability insurance has the effect of shielding the insured party from some or all of the damages that are present. The insurer pays a premium to buy insurance in the first place but the premium is a large setback at the time of purchase. Therefore, insurance will cause the injurer to take too little care from a social perspective. This moral hazard problem ultimately hurts the injurer, however, because insurance companies are aware of the problem and set the premium up front to reflect the actual risk. In malpractice insurance, most policies have two coverage limits: A per-occurrence limit and an aggregate limit. The per-occurrence limit states how much the insurer will pay for a single loss, claim, or occurrence. An aggregate limit is the total amount an insurer will pay for all claims in a given policy period, typically for one year.