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.

If you feel that you or someone in your family was the victim of wrongful medical practice, you may be interested in filing a medical malpractice lawsuit against them. All medical professionals are required to maintain personal liability insurance in case of a lawsuit so it is important that you are prepared to face their lawyers. They will assuredly have experience on their side, so you will want to make sure you are just as prepared. Since these lawsuits can be worth millions of dollars, having a more experienced, although more expensive, lawyer will almost always pay off in the end. Finding a medical malpractice attorney to help win your lawsuit will be crucial in these times.

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 ATRA and CALA are trying to stop minor cases from receiving enormous sums of money which will dampen the economy. The subject matter of these cases varies to some length including but not limited to medical and car insurance. In a case against Rich Mountain Nursing and Rehabilitation Center of Mena, jurors found the defendant, Mena, guilty of malpractice in the death of Margaretha Sauer, a ninety-three year old woman. The non-economic punitive damages cash award for the suffering and pain of the Sauer family to be paid by Mena was seventy-eight million dollars. Punitive damages is one of the issues that the ATRA is trying to combat. If nursing homes continue to have pay large sums for punitive damages, they will not be able to survive. The premium average liability offered by nursing homes has increased from $820,000 in 1999 to $11.6 million in 2001. With the liability premiums continuing to rise, the prospects of profits continue to dwindle. They will have no chance at retaining a profit and thus will have to close. It will also mean that doctors will charge more for their services, which leads to fewer health insurances carrying

On October 24, 2013 the courts ruled in favor for Ms. Adae for medicine negligence as well as all of her medical expenses, and any monetary needs for her new home that will accommodate her medical needs until she passes away. The court order the University of Cincinnati to pay the sum of a total of 3,311,762.84 to be paid to Ms. Adae and her husband immediately for pain and suffering and lost

The last element is damages. “Damages are proven when it is determined the injury was a result of the practitioner's actions. The intent of awarding damages is to make the plaintiff whole, meaning as if the negligence never occurred” (Walker, 2011, para. 15). Damages are usually paid in the form of money, but I do not think any amount of money will ever make this patient feel whole or that the negligence never occurred.

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

One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non-economical awards. Tort reform is the response; a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public

The moral philosophies each have their perspectives on moral act when it comes to others well- being. When an organization is operating in a safe and responsible manner, then there is nothing to fear. (HG.org., 2015). However, when negligence comes in play, then there is a red flag. Organizations should be operating at their highest potential and keeping their customer, clients, and patients in mind in order to continue without the fear of a lawsuit. The “frivolous actions,” are what some people express to those who are attempting to obtain any financial benefits from the negligence is sad. The tort reform is unfair to the people that are harmed and some of the injuries may be permanent and painful. Moreover, this violates the person’s constitutional rights and the tort law placing caps on the amount sets the boundaries to the ruling of the jury. An organization who makes the defective product or the physician who caused the pain, should be responsible for compensation for their wrongdoing or malpractice. With this, it could assist other organizations to practice the business without causing harm to their customers, clients, and

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,

An important concept that I learned from the HCA 6280 is tort of negligence which was totally a new subject to me. According to Harris (2008), plaintiff must prove four elements of tort which are “duty, breach of duty, causation, and damages” (p. 138) The plaintiff will be compensated only if he can prove that all the four elements of the tort are true to his case. I learned that duty means that physicians are required to provide patients with standard care and based on that responsibility they are required to provide standard care.Organizations have the legal responsibility to only employ staff who prove to have clinical competency. Otherwise, in case of an adverse event the organization or physician will be liable for breach of duty. Causation

Lawyers will tell you that caps on damages are unfair and ineffective. They claim that capping awards will not solve the current crisis in the state. Caps would punish the most severely injured victims of avoidable medical mistakes victims of blindness, deformity, and amputation. Do not even attempt to speak to a plaintiff's attorney about having caps placed on awards from a civil case. No one can put a price tag on their child's head. If Jessica were your daughter would a cap of $250,000 be enough for you.

The first is the issue of related claims. Most medical malpractice liability insurers will take the position that two separate claims of medical malpractice arising out of a similar set of related facts constitutes a single occurrence or claim for insurance purposes. This is important because if multiple claims are considered a single occurrence for insurance purposes, the claims will be governed by a single per occurrence coverage limit. Another important issue is defense

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)

A medical malpractice claim can be approached through a few different theories of law. One of those is the tort doctrine of Res Ipsa Loquitor. What this means in plain language is that the act speaks for itself. When used in a negligence context, it means that injury could not have occurred from anything else but negligence. There are three things that must be proven for this doctrine to apply: that the act does not normally occur without some sort of negligence, that the instrumentality involved was controlled by the defendant, and that the plaintiff had no involvement in the negligent act. Once recent case which dealt with this rather obscure doctrine is the New York state case Crispin v. Hostin. This article will take another look at the