Preview

Medical Malpractice Insurance

Good Essays
Open Document
Open Document
732 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Medical Malpractice Insurance
Medical Malpractice Insurance

Medical Malpractice Insurance is a necessity for healthcare providers. We tell people that health insurance is a necessity, why? Because it covers them if something unexpected happens, well that reasoning goes for providers also. It helps to cover a situation that isn’t necessarily supposed to happen, but does. Providers are normally well trained, but as we all know the body and medicine can do funny things and what was to be a “routine” surgery or illness has now caused a disfigurement in someone or even possibly a death. Although the definition of medical malpractice is defined as more than just an “accident” it is defined as an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. Simply put, medical malpractice is professional negligence that causes an injury.
Our society has become so lawsuit happy that through the years frivolous lawsuits have come through the court system and plaintiffs have walked away with an “uncapped” amount of money to “compensate” them for their loss. With these kinds of things happening through the years the medical malpractice trends have been premiums doubling, deductibles tripling, and insurers are not selling the product anymore. Back in the 1990’s insurers were driven more by the premium amount they could sell more so than by whether the premiums were adequate to pay the losses. The ideal world would be for the investment income would cover any deficiencies that exist in the underwriting result. As competition increased, underwriting results deteriorated and the fact is if insurance policies are consistently underpriced, the insurer loses money.
Every state has different requirements for healthcare professional’s malpractice insurance. An example might be Florida does not require physicians to carry malpractice insurance coverage. Even though the state may not require malpractice



References: Kolodkin, C., & Greve, P. (2007, January). Medical Malpractice:The High Cost of Meritless Claims. Retrieved March 21, 2011, from International Risk Management Institute: http://www.irmi.com/expert/articles/2007/kolodkin01.aspx Malpractice Insurance. (n.d.). Retrieved March 21, 2011, from American Academy of Physician Assistants: http://www.aapa.org/advocacy-and-practice-resources/practice- resources/malpractice-insurance Scholasticus, K. (2010, September 28). Medical Malpractice Insurance Rates. Retrieved March 21, 2011, from Buzzle: http://www.buzzle.com/articles/medical-malpractice-insurance-rates.html

You May Also Find These Documents Helpful

  • Powerful Essays

    A patient can not win a lawsuit with a doctor for claiming that the doctor did not comply with consent forms the patient must have been injured and “there must be a connection between the lack of informed consent and your injury.” The patient must claim “with the right information, you wouldn't have consented to the medical treatment that ended up harming you” An example previously mentioned would be the Darviris vs. Petros case, Darviris claimed she wouldn't have agreed to the procedure performed on her because of a family member’s complications with the same procedure. To win a malpractice lawsuit related to informed consent “the harm you suffered wasn't disclosed as a known risk of the procedure, even though most doctors would have discussed that particular risk as part of the informed consent process.” If a doctor kept risks from a patient and those risks harmed the patient the lawsuit would usually favor the patients. An lawsuit example would be Martin vs. Lowney, MArtin claimed that ehn being explained the procedure she was told that the scar would be one inch in length. When she woke up she had a six inch scar on her stomach. She accused Lowney of not explaining in full detail all the risks of the operation and not providing all information required for informed consent. When MArtin was explaining the incision had released bacteria into her bloodstream it…

    • 1763 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Spence case, both parties were in a lawsuit about informed consent. The physician failed to tell the patient of the risks that can happen while going into surgery and any risks that can happen after the surgery. The patient was told of the surgery but did not ask for any additional information. For my personal choice in this case i would find both sides responsible for some of the factors that has happened in the decision making of the physician and the patient. I believe that if the patient has a well grounded mind then the physician should tell them about all the risks for the precare, the surgery itself, and the postoperative care. All of this information can help to save the hospital from a lawsuit. Also, when the patient is presented with an illness that can be helped with an operation they should always do some research about it. This includes being able to ask additional questions and concerns to the…

    • 1044 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    reduce the cost of malpractice lawsuits, defensive medicine and the lack of justice for injured…

    • 1629 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Assignment1 Copy

    • 4284 Words
    • 13 Pages

    Insurance acts as intermediary between buyer and provider and has no incentive to provide a better price or higher quality. This is especially true in the movement from the medical model to the business model of health care. “The United States spends more on healthcare than any other country in the world, in 2008 US healthcare costs were 2.3 trillion or 7,000 per capita. The US per capita cost is 45% greater than our northern neighbor Canada, and 33% greater than Norway”. (Organization for Economic Co-operation and Development (OECD), 2011). The business model is profit based. Requiring a profit almost always includes streamlining of services and mandating cost controls. Both of which limit the insured’s access to services, drugs, and new technology.…

    • 4284 Words
    • 13 Pages
    Satisfactory Essays
  • Satisfactory Essays

    One of the biggest questions facing seniors across the country is whether or not they need Medicare supplement insurance (Medigap policies). They compare insurance supplement plans and look at Medicare supplemental rates and try to determine if coverage is right for them. Of course, the need for Medicare insurance supplement depends on the specific person. However, for more and more seniors, standard Medicare plans simply aren't offering enough coverage, so they are turning to Medigap policies.…

    • 597 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Schindler, D. S. (2009). Pay for Performance, Quality of Care and the Revitalization of The False Claims Act. Health Matrix: Journal Of Law-Medicine, 19(2), 387-422.…

    • 441 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Tort Reform Case Study

    • 516 Words
    • 3 Pages

    What if this happen to you? Is there a fixed price, which can make up for the mistakes that were made? I think that there shouldn’t be a cap to the monetary damages that are awarded in malpractice cases. To further understand the issue, let’s begin with tort reform.…

    • 516 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Medical malpractice is when a doctor or another medical professional, such as a nurse or technician, does something or does not do something that causes an injury, harm or death to a patient. In the U.S., experts estimate that about seven in every 1,000 newborns suffer a significant, traumatic birth injury each year due to medical malpractice. Those injuries include, but are not limited to, autism, cerebral palsy, as well as Erb's palsy. According to Donald H. Beskind, a professor at Duke University School of Law, juries are typically influenced by three main factors when deliberating on malpractice cases: the degree to which it is clear who was at fault for the negligence, what money would do to improve the plaintiffs' quality of life, and…

    • 418 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    As for medical malpractice by omission, is when a doctor did not perform the correct medical procedures. For example, he/she failed to diagnose your real condition. Having said that, remember that not all unfavorable results during your medical care fall under medical malpractice. Luckily, personal injury lawyers have medical knowledge and are able to establish if you have a case or not.…

    • 573 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Wrongful Death Mini-Guide

    • 593 Words
    • 3 Pages

    Medical malpractice-although a medical malpractice lawsuit is somewhat different from a wrongful death lawsuit, they may be related. For example, if the mistake of a medical professional or a hospital misdiagnosis or fail to appropriately treat and death occurs as a result, it may be grounds for a wrongful death lawsuit. If the patient suffers mild to severe harm, but does not die as a result of the malpractice, a medical malpractice lawsuit may be filed.…

    • 593 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Professional malpractice is a very serious and demure law .Professional Malpractice is harm to a client caused by the failure to follow professional standards and ethical principles. The failure to follow the codes, conducts and laws can result in serious law suits and punishment towards the professional.…

    • 510 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Health Care Event

    • 1022 Words
    • 5 Pages

    Satiani, B. (2004). The economics of health care litigation. Vascular and Endovascular Surgery, 38(3), 287-90. doi: 15385744…

    • 1022 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Many times poor outcomes that people seek litigation are risks of procedures or illness, not necessarily negligence. Consumers of the health care fail to realize how the settlement of the litigation will be dispersed. These factors negatively impact the delivery of health care because it detracts from its ability to meet the two criteria of a functional health care system; the ability of all citizens to receive adequate health care when needed, and for the care to meet consistent levels of quality and be cost-effective (Shi & Singh, 2012, p. 5). Excessive litigation limits the services that can be provided, increases costs, reduces accessible facilities, and causes a decrease in the amount of people electing to train in a health care profession. It increases unnecessary procedures, or decreases necessary procedures based on risk for litigation and takes the focus of health care away from where it should be; on the patient (Catino,…

    • 923 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Junk Lawsuits

    • 943 Words
    • 4 Pages

    In America, we all have this thought in our heads that if there is a medical accident someone must pay for it. This way of life is destroying the America that we all love. Medical laws suits need to be regulated because they have caused the rise in healthcare costs, doctors being afraid to practice medicine, and the clogging of the court system.…

    • 943 Words
    • 4 Pages
    Good Essays
  • Better Essays

    There is a surplus in litigation congesting the court systems in which people along with ATRA wish to reduce. “According to a 2003 ATRA survey, 85 percent of Americans believe too many frivolous lawsuits clog our courts; therefore, ATRA successfully translates the frustrations into action and reforms.” (A Track Record of Success| ATRA) Also, the protestors against tort reform argue that the money available to victims is drastically being reduces, for many disagree with the caps on awards for damages. However, this may not apply to everyone because every case is unique and because lawsuits vary the amount of information that the plaintiff is able to supply. Lawsuits vary case by case and if there is not physical harm or injury the amount of money may be reduced because courts cannot correctly compensated when there is a lack of evidences or information. According to ATRA, “Award must be specific to each defendant, and each defendant is liable only for the amount made against him or her.” (Punitive Damages Reform: H. 3775 (2011) |ATRA) On the other hand, people argue that “the lack of money is the result of malpractice and insurance lawsuits”. Causing high damage awards in malpractice is the result of an increase in costs for everyone. According to ATRA,” Limits noneconomic damages in medical liability cases to $350,000 per provider, with an overall aggregate limit of $1.05…

    • 1131 Words
    • 5 Pages
    Better Essays