Understanding Medical Malpractice Law
Medical malpractice law governs doctors or other medical professionals to prevent them from treating patients improperly or with negligence which results in injury or death. On a broad scope, legitimate medical malpractice is simply a claim that is brought against a medical or healthcare professional due to a failure to adhere to the applicable standard of care.
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.
Informed consent is another segment of medical malpractice. When a patient is to undergo a medical procedure, they must give informed consent prior to the administration of the procedure. This means that the patient has been informed of all of the dangers as well as benefits of the procedure and has given their consent to take the risks associated with the procedure. In the event that the doctor does not properly secure informed consent, the doctor leaves himself or herself wide open for a medical malpractice claim to be filed against them even if the patient does not incur any harm as a result of the procedure.
As the world becomes more technologically advanced it becomes more of a fast food nation where everything is faster. This rush to get things done has extended to the medical industry as doctors and healthcare professionals are under more and more pressure to make diagnoses as quickly as possible. That, coupled with medicine moving more into a business of profit, leaves much more opportunity for physicians to make mistakes in an industry where there is very little room for error. This attitude and practice makes medical malpractice law even more vital.
This evolving environment of the medical industry has presented issues with the relationship between patients and their doctors. They spend less and less time together which can potentially compromise the communication that is imperative to an accurate diagnosis. This includes the time required to obtain a thorough patient history and is detailed enough to effectively diagnose the problem. In the rush to get one patient out so the doctor can move on to the next, the chances for misdiagnosis or failure to identify key symptoms increase. Medical malpractice law takes on an even greater role because it not only improves patient care, but also protects doctors who from erroneous or frivolous lawsuits.
In addition, some doctors are now countersuing patients whom they feel have filed frivolous or otherwise unfounded lawsuits. Although the actual percentage is unknown, some estimate that as many as 25 to 50% of lawsuits filed and which are later determined to be frivolous are still paid. This is because many insurance companies choose to settle claims instead of pursuing them in court, since this is actually cheaper for them to do.
Doctors need to carry medical malpractice insurance to protect themselves from being sued, whether a given suit is found to be of merit or not. Even the most careful of doctors can be sued for medical malpractice. If you have been sued, you need to notify your insurance company immediately, as they have resources to help you fight your suit if it is, indeed, unfounded.
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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