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State Medical Malpractice Creating Change Within Organizations HCS 587 Most hospitals, staff nurse and physicians biggest fear, is being sued for malpractice. As health care providers, we strive to do right by the patient, always practicing safety first. Medical malpractice, periodically referred to as medical negligence, it happens when a health care provider violates the governing standard of care when providing treatment to a patient, the source the patient to suffer an injury. The United States malpractice system has two objectives: to compensate patients who are injured through negligence by a healthcare provider and to discourage health care providers from practicing negligently Malpractice is a…show more content…
These laws are passed in every state to have the best interest for all. First provision is that all practicing physicians must have malpractice insurance. Malpractice insurance is needed as they are held accountable to pay the first $250,000 to the plaintiff. The limit that the plaintiff can received is $250,000 per health care provider, a defendant may be more than one health care provider. If you are for example, filing a law suit against a group of physicians, they each will be responsible for their portions. When a health care provider (defendant) is held negligent they will just have to pay their portion. Either way the total limit or cap someone can receive in Indiana is $1,250,00. They also have in place, a Patient Compensation Fund (PCF). This fund will help with the remainder of what the plaintiff is awarded, but will not exceed $125,000,00. The PCF will award the plaintiff over the $250,000 but not more than $125,000,000. Which means Patient Compensation Fund is capped at $1 million, so it can not exceed $1.25 million Rational for Selection Indiana was the first state to pass medical malpractice reform legislation in 1975, that shows their initiative to growth the times. Their law has repeatedly endured any constitutionality challenges. I have to commended a state that has been able to be a head of the curve. They have been able to luckily not have any of their laws overturned like many other
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