Malpractice Case Analysis : Medical Malpractice

What is malpractice? The given definition is improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official. These cases are occurring more all over the state than they should be due to human era. The people at the hands of doctors are being let down as well as left with disfiguration or even death. These cases are leaving people to question their surgeons as well as the nurses attending with them.

“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

One of the problems with malpractice is that sometimes we have a hard time recognizing it. We may not know what exactly constitutes medical malpractice, or what qualifies as medical malpractice. Even worse, we often don't know what our course of action should

Negligence is the failure to do something. Many medical cases are filed as medical malpractice suits, “medical malpractice is professional misconduct. Malpractice differs from negligence because it is performed by a license medical professional” (Flight 2). The case of Horton V. Niagara Falls Memorial Medical Center can be used as a primary example where negligence, “failure to take reasonable precautions to protect others from the risk of harm” (Flight 33), is visible.

For decades doctors have been revered, respected, and regarded as “saviors,” but what medical practitioners and health officials do not reveal is that there are some doctors that are unlawfully practicing medicine, and nothing is being done to stop them. Medical malpractice is the illegal or improper practice of medicine. Unfortunately, this is far too common. The people that are victims of malpractice often get no compensation for the problems a physician has created. Although doctors are trusted individuals and have a right to provide medical advice, perform surgeries, and prescribe medicine, patients should also be able to have more control and security in their medical dealings through new laws and regulations.

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.

Tort reform has intense arguments to both sides and creates a myriad of concerns. On one side of the tort reform movement, defendants such as corporations and medical professionals want limits on the damages awarded to the plaintiff. The benefit of tort reform for defendant is the financial savings. However, a cap placed on medical malpractice cases and other cases that are of negligence would standardize the monetary compensation regardless of the damage. In my opinion, Medical malpractice tort reform is a gray area, for each breach of the standard of care involves a different story and person, therefore the damages vary and should be evaluated fairly. In this essay, both sides of the argument are discussed, with a focus on medical malpractice tort reform.

Medical malpractice, is misconduct that usually involves failing of a physician to follow a standard of care, which results in harm to a patient.

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.

Malpractice consists of an out-of-court, no-fault system brought to a regions government appointment review board. It determines if compensation is in order and how much. The money comes a patient relief fund which is generated from insurance premiums placed on the physicians money, the hospital, or from a general fund from revenues.

The consequences of medical malpractice can be devastating: paralysis, brain damage, cognitive deficits, loss of limbs, organ failure, permanent disabilities, and death are some of the outcomes.

It also costs 46.5 billion dollars defending medicine. Policy limits for malpractice are 1 million per occurrence, and 3 million dollars a year. The payment for 2015 in Oklahoma was 20-40 million dollars. The payment for 2016 for Oklahoma was 20-40 million dollars as well. In 2017 in Texas was 80-100 million dollars. All these numbers are on an annual rate in the closest state. The website listed the information by state so I went with the closest state to me. So based on the amount of money they have to give up with every malpractice case they try to keep their mistakes secret to avoid law suits. The doctors are like children and to them death is just a toy. That is how they come off refusing to admit their mistakes so they can

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.

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)