Malpractice Lawsuits

“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

Defensive medicine has also contributed to the over-utilization of healthcare services. Providers tend to order unnecessary tests, medications, and procedures in order to evade malpractice

Defensive medicine takes two main forms: assurance behavior and avoidance behavior. Assurance behavior involves the charging of additional, unnecessary services in order to a)reduce adverse outcomes, b)deter patients from filing medical malpractice claims, or c)provide documented evidence that the practitioner is practicing according to the standard of care, so that if, in the future, legal action is initiated liability can be pre-empted. (David M. Studdert, et al., 2005) Diagnostic defensive medicine practices have a much greater impact on costs that do therapeutic defensive practices. One study conducted by American Academy of Orthopedic Surgeons, showed assurance behavior reported by 92 percent of physician respondents involves ordering test (particularly radiological imaging) performing diagnostic procedures through CT scans, x-rays, MRI studies, ultrasound studies, laboratory testing and referring patients for consultation. The ordering of unnecessary tests can lead to diminishing quality of care and produce emotional distress and necessitate additional invasive or hazardous procedures.

Begin your search for an attorney you can trust. Limit your search for attorneys that specializes in medical malpractice for optimal assistance. One method you can use to find medical malpractice attorneys is to find attorneys you trust and ask for referrals. Medical malpractice attorneys are able to tell you if you have a case and whether or not your case is worth bringing before a judge. Medical malpractice is a highly specialized area of law. In each state lies different sets of medical malpractice laws that might affect your chances of getting success in a court room. Some states may contain laws that outline a clear pathway into the courtroom, and in others, you may have to deal with more complicated laws. Find an attorney that will give

Patients put a lot of trust in their doctors and physicians. We believe that they are trained to diagnose properly. They are scientists who base their predictions on chemical and physical evidence and with years of school and training arrive at a conclusion. However, they are human and can make mistakes. Almost 20% of patients are misdiagnosed. Some are simple and innocuous while others can be life-threatening. The typical behavior for a trained physician who is not sure of their answer is to resist the quick diagnosis and recommend the patient to a specialist or another doctor for a second opinion. Misdiagnosis can lead to incorrect treatments and unneeded surgeries, all the while, putting the patient at risk and missing the opportunity to treat the real disease while allowing the condition to worsen.

The results can be catastrophic for the patient when doctors act carelessly. It is not surprising, then, that damage awards in medical malpractice cases are among the largest of all personal injury cases. Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for complete or partial disfigurement, death, and impairment.

election even though he was up against another candidate who received great sums of money from the US Chamber of Commerce. Diaz, unlike his opponent, was not considered to be pro-business and would vote in favor of citizens rights when it came to tort reform, so the US Chamber of Commerce was willing to spend money to get a pro-business justice. However, after winning the election, the US attorney began to investigate him for fund donated to his campaign; a good friend of his who was a lawyer cosigned on a loan to fund his campaign and he was investigated for bribery even though Diaz had always refused to hear a case involving Minor in the past due to the conflict of interest. After he was acquitted from the bribery counts, he was investigated

If you are looking for a birth injury lawyer in Pennsylvania then you have come to right place. The birth of a child is a festive event but if a child suffers from birth injuries due to medical negligence it can be emotionally very devastating to a family. If you suspect that your baby were harmed by a preventable medical error, a medical malpractice attorney will evaluate your medical records and review your legal options with you, for that you need to hire a good birth injury lawyer with a decent to deal with your case.

Defensive Medicine has been an issue with doctors and patients for quite a while. The question is, is defensive medicine wrong and if so how to improve its impact? Defensive medicine is mainly defined as the additional test and procedures prescribed by physicians to protect themselves against malpractice claims. Why physicians order so many tests and practice defensive medicine has always been a subject for much debate. Defensive medicine is important because it affects both the patient and the physician.

Medical malpractice insurance is a type of professional liability insurance purchased by health care professionals (and sometimes by other types of professionals, such as lawyers). This insurance coverage protects health care providers against patients who sue them under the claim that they were harmed by the physician's negligent or intentionally harmful treatment decisions. Premiums are usually based on the physician's specialty and geographic location but not on claims experience. This means that even if a physician has never been sued, he or she can end up paying extremely high premiums. The premiums can become high because of factors such as amount of coverage needed, claims severity, claims frequency, location of practice and laws in

In “Judicial Approach to Medical Malpractice Reform”, Barbara G. Taft addresses the constitutional debate between state supreme courts and state legislation in regards to amending medical malpractice for their unconstitutional rulings. Taft adds that even though states have “sovereignty” over medical malpractice responsibility, congress holds the capacity to overrule state statutes through the “Commerce Clause of the U.S Constitution”.

I am glad that we are discussing malpractice insurance this week because I have very limited knowledge regarding this topic. And I hope I will understand more as the discussion continues. APRNs have greater responsibilities compare to RNs as their scope of practice expand. APRNs can diagnose and provide treatment for patients. This increase their liability, thus having malpractice insurance is inevitable. In my opinion private personal malpractice insurance is beneficial for APRNs regardless whether the employer offers it or not. The malpractice insurance provided by the employer may look more after the employer’s best interests. Malpractice insurances not only protect the APRNs but the patients as well. Four components need to be presented

Women’s health specialists remains top in the medical profession. However, OB-GYN practitioners are at a high risk of malpractice lawsuits. In fact, a study carried out by Medscape indicate that in every 4000 primary-care physicians, more than half of them have found themselves in one or more malpractice cases in their career. The study further shows that one third of the cases were either due to wrongful accusations or wrong diagnoses with another one third due to injuries caused during treatment. Others include wrongly documenting instructions that the patient is supposed to treat, wrong medical prescriptions and failure to attend to patients.

According to the American Bar Association “Medical malpractice is defined as negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patient 's”. Medical malpractice makes it hard for physicians to do their job without having the fears of getting sued. This can impact their judgment and distract them from getting their jobs done the right way. When people think of medical malpractice they only see how it impacts the victim or the person who is suing the doctor, but do they ever wonder how it affects the doctors and those who are in the medical field? Do they think about how medical malpractice impacts the administration of proper medicine?