Putting A Band-aid On Medical Malpractice Law
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by: JayAnderson
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Medical malpractice law forms the basis for judgments regarding the professional practices of a doctor or medical practitioner in the event there are accusations of negligence or improper administration of care for medical conditions. Legitimate medical malpractice may occur due to a violation of the applicable standard of care or failure to administer appropriate care, but in either case, the patient must incur harm, injury of death as a result.
Medical malpractice may take a variety of forms. The doctor in question may have delayed treatment of a medical condition that had already been diagnosed; he or she may have failed to provide the appropriate treatment for a specific medical condition; or the doctor may have failed to properly diagnose a medical condition. With differing state malpractice laws, the procedure and laws governing lawsuits will vary from one state to the next so it is important that both patient and doctor understand the laws of the specific state in which the doctor is practicing. However, if the doctor does make a mistake, but there is not medical harm or death as a result, the patient will not be eligible for compensation of damages.
Yet another segment of medical malpractice law has to do with the subject of informed consent. A patient must give informed consent to a medical procedure in order to have it done. This means that he or she knows all of the dangers and benefits of the procedure, and consents to any risks taken. When the informed consent is not properly obtained, the doctor can be said to have performed medical malpractice even if the patient is not actually harmed by the procedure.
The rapidly evolving environment of healthcare compounds certain problems, making malpractice law even more vital. Medicine has evolved into more of a business of profit and this increases the pressure placed upon physicians to see more patients and make faster diagnoses all while being as efficient as possible. Physicians are only human and this hurried environment leaves doctors very susceptible to making errors.
Yet another problem with this new environment is that doctors and patients spend increasingly little time together, so that oftentimes, simply taking a patient history that is detailed enough to diagnose the problem is increasingly difficult. This, too, increases the chance for misdiagnosis or missing important symptoms. This makes medical malpractice law take an even greater role in improving both patient care and protecting doctors who have been erroneously sued.
Some doctors are striking back against patients who have filed unfounded or frivolous lawsuits against them by countersuing. Many Medical malpractice lawsuits are settled out of court because insurance companies urge plaintiffs and defendants to go that route due to decreased expenses. This activity, however, makes it difficult to track lawsuits that are files because they are not recorded in a court of law which is public domain. It is estimated, however, that approximately 25% to as many as 50% of lawsuits filed but are later deemed frivolous are still paid. Removing the legal element of a judge undermines the checks and balances system.
It is very important that doctors carry medical malpractice insurance in order to protect themselves from lawsuits, regardless of whether the suit is valid or not. Even the most vigilant of doctors can have medical malpractice claims filed against them resulting in lawsuits. Doctors who have been sued should immediately contact their insurance company. They have an arsenal of resources to help fight medical malpractice lawsuits should they be found to be invalid.
There is some controversy surrounding medical malpractice. Some allege that it is ineffective because patients who have been injured by malpractice as well as physicians who are innocent of the claims can be victimized. It is widely regarded by experts that a new system that is more efficient and fair should be put in place as opposed to the current scenario of attorneys on both sides battling it out and all profiting regardless of the outcome. Both the patient's and the doctor's rights need to be taking into consideration and it should be a priority. The current system simply does not work. With one attorney vying against another with the simple goal to "win," the focus is shifted from what is fair and this is often cited as the problem with the medical malpractice system. Perhaps it is time for a change.
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