Medical Negligence Research Paper

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 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

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.

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

Medical malpractice differs from a standards negligence claim and some states have different definitions. There are two primary formulations for the legal standard of

Dealing with injuries and loss is physically, financially and emotionally draining to the victim and/or his family. Insurance carriers know you are at a “low point,” and unfamiliar with the medical-legal complexities of a malpractice case, so they will take full advantage of this if you try to settle with them directly.

Limitations of criminal law and due process are present in almost all parts of the statutory law. One major component of these limitations is what is known as “the Statute of Limitations,” or a statute which limits the time a crime is allowed to be prosecuted by. This is an essential part of the criminal justice system today, and has been for centuries. With these statutes, citizens have more of their rights protected and the government power is put into check. The Statute of Limitations, despite the limitations and barriers it puts on the prosecutorial team or the plaintiffs, is beneficial to American citizens in many forms. The Statute of Limitations can hinder the criminal justice system in some aspects, but is a beneficial tool which continues to protect citizens from an overbearing government and justice system. Because of this, the American criminal justice system has become what it is today and allows for protection of rights which are considered undeniable. Through the examination and analyzation of both historical and modern aspects of the American criminal law, the evidence proves the Statute of Limitations is an essential part of the criminal justice system, for both the government and the citizens themselves.

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.

The Statute of Limitations is a time limit within which the plaintiff has to file a case for claims. If the plaintiff has made any mistake in filing the case, then your Injury Lawyer Lindsay can get the case

I do believe there is a statute of limitation in most states, in my state of NY the limitation is 2 1/2 years from date of malpractice. This is good for doctor’s bad for patients because sometimes it takes more than 2 ½ to know that there was malpractice. For instance, if a woman has a procedure done which resulted in her not being able to have children, she would not know there was any malpractice until she tried to have children which could be far more than 2 ½ years later.

There are instances when people actually get injured due to medical malpractice. There are some instances when people actually got hurt or have had their injuries worsened because of the lack of proper assistance from a medical practitioner. If this occurred to you, you will need to find the right legal practitioner to assist you. In this case, you would want to focus your attention on a legal professional who handles caseloads related to the one that you need assistance for.

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)

Negligence happens when a “person’s actions fall below a certain level of care. Negligence can involve doing something carelessly or failing to do something that should have been done.” (Fremgen, 2009, p. 35). In order to prove negligence the plaintiff must present the following elements: 1) duty to care, 2) breach of duty to care, 3) injury and 4) causation (Pozgar, 2012, p. 33). Duty to care is the first element which deals with the care that the defendant (physician) owes the plaintiff (the patient).