What You Need to Know About Medical Malpractice 1. 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”. 2. In “Salem Doctor Faces Disciplinary Board”, Luanne Rife describes how Dr. Greg Alouf’s dishonorable behavior and medical negligence have resulted in numerous malpractice hearings, thus placing his medical career in jeopardy. Rife points out that he “faced
The threat of liability, of ruining the good names of the anesthesiologist and the hospital, of increased insurance premiums—all of these add to the reasoning behind the anesthesiologist’s decision to alter the patient’s history and lie about what truly happened. As portrayed in The Verdict, one of the most challenging features of a retributive approach in malpractice suits is that it instantly
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.
This research paper is being submitted on March 3th, 2013, for Milo Sampson’s M230/HSC2641 Section 04 - Medical Law and Ethics class.
He said the union was waiting to see what the results of the Fire Department's investigation would be.
“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 cases are notoriously complex, requiring an expert opinion on every phase of your treatment. It may be difficult even to determine whether you have a valid case without the assistance of doctors and an experienced malpractice attorney. Reynolds, Horne & Survant, a law firm with a 40-year history of helping Macon, GA, residents collect compensation for their injuries, suggests speaking to a lawyer if you suspect you've received substandard medical care.
“If people understood that doctors weren’t divine, perhaps the odor of malpractice might diminish”(Richard Selzer). “Between 210,000 and 440,000 patients, each year go to the hospital for care suffer some type of preventable harm that contributes to their death.”(-Journal of Patient Safety). When medical malpractice happens, many people blame the health care worker involved. Is it entirely fair to shift the blame are the institutions and practices not the ones that deceived them. Three changes needed to be made to cut medical malpractice are reducing the understaffing of nurses, having effective medical practices, and implementing proper communication.
Legal ramifications can also be an outcome of medical errors that can occur due to healthcare workers working long shifts and being fatigued. Medical malpractice claims have been increasing and the reason cited in the claims were “medical errors that was precipitated by physician and nurse fatigue (MEDSURG Nursing, 2005). Additional studies suggest that a medical provider that averaged 5 hours or less of sleep are more likely to have a serious medical error that could result in he or she being named in a malpractice claim (Owens, 2007).
In the healthcare field, one of the rudimentary rules first learned is maleficent, “to do no harm.” However, medical malpractice seems to be skyrocketing throughout the years. In 2010, according to the American Medical Association (AMA), the United States was experiencing its third full blown medicine liability crisis with many physicians’ practices becoming limited due to increasing malpractice costs (Ellington, 2010). According to Sage (2012), United States has the most expensive healthcare system in the world and a high rate of litigation. Under the healthcare delivery system, it is viewed as far from perfect and the primary cause for high unjustified medical spending. As well as, the largest financial damages awarded to successful plaintiffs
Imagine yourself lying on an operating table, motionless, quiet. Above, you notice people standing over you. You try to speak but the words just cannot come out. Your arms feel as if they are plastered to the table. You begin to stand up but feel as if weights are strapped to your back and you are bound to the table. Suddenly you feel a sharp pain in your midsection. In and out, you see a surgeon slicing your body open with a scalpel. Every motion the masked person makes is as if you are being torn apart from the inside out. One would hope this would simply be a nightmare and they will wake up and everything will be fine. In this instance, this person will
Health professionals will admit wrong because medical professionals such as lawyers, are not all make huge amounts of money and avoid errors, but hospitals, staff and doctors will not always admit his mistakes, especially big. The myth is that you can always put your trust in a hospital, unfortunately, every year for medical malpractice lawsuits filed.
The rising price of health care and the amount of medical malpractice claims being filed sparked a start to this controversial topic. The average price of medical care has gone up roughly 20 percent between the late ‘80s and the early 2000s (The risk authority, 2014). And the amount of medical malpractice claims in the same twenty years has arisen from one person filing a claim to five people filing the same claim, in a small ratio (Doyle, n.d.). The rising cost of medical expenses is feeding off of the increase in the amount of these cases filed every year. There are other reasons for the medical cost to rise such as the new expensive treatments and medications. But these new innovations are also raising the amount medical malpractice
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
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.
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