Medical Malpractice Outline

The Negligence of Proper Care by Doctors

Introduction
Opening/Vague Statement:
All doctors have the duty to provide their patients with the proper care.
Specific Statement:
To neglect the proper care/help to a patient is medical malpractice. Malpractice happens throughout the world.
Thesis Statement:
The penalty for malpractice should be much stronger.
Main arguments:
A. Hard to win a malpractice case
B. Not many claims
C. The impact and the amount of people affected
Development:
Paragraph #1 (proving A)
Argument/main point 1.:
In Canada it is very difficult to win a medical malpractice case. To have greater chances at winning the case, liability and damages have to be taken into consideration.
Supporting idea/fact
no. 1
To have a chance in the case, the liability of the doctor or health care provider must be proven and also prove they were negligent.
Quote or research to support idea
To determine if someone is “liable” legally responsible for your injuries [...] health care provider was negligent and whether that negligence caused the injury.

Supporting idea/fact no.2
To determine whether or not it was negligence is if the proper procedure was followed and if not, how that caused an injury.
Quote or research to support idea
Key factors to determine whether or not it was negligence are the accepted standard of care, whether that standard was followed and, if not, whether not following that standard caused the injury.
Supporting idea/fact no. 3
The patients must have considerable damages, the judge will decide if they are damaging.
Quote or research to support idea.
The patient has to show that the injury or harm caused by the medical negligence resulted in considerable damages. The injury must have very damaging consequences.
Closing sentence
These are some reasons on which the court system has failed the victims/patients of malpractice.
Paragraph #2 (proving B)
Argument/main point 1.:
There are many medical malpractice claims that are filled, but not many go through or they won’t win the case.
Supporting idea/fact no. 1
Two percent of the doctors in practice have had medical malpractice claims against them.
Quote or research to support idea
One claim is filled for every 50 doctors in practice and this rate goes up by 10% every year.
Supporting idea/fact no.2
For the amount of claims, there is a very low success rate.
Quote or research to support idea
Two-thirds of the filled claims will be abandoned, over a quarter will be settled and 6% will go to trial.
Supporting idea/fact no.
3
The court system bases their actions on the severity of the damages and if the damages are considerable.
Quote or research to support idea.
The low success rate is due to the fact that the actions are initiated on the severity of the outcome.
Closing sentence
The number of cases won should be higher and it should be easier to have a viable case.
Paragraph #3 (proving C)
Argument/main point 1.: There are very many people affected by medical malpractice, most cases have a big impact.
Supporting idea/fact no. 1
The number of deaths with the cause being medical malpractice is very high.
Quote or research to support idea
These medical mistakes contribute to between 38 000 and 43 000 deaths in Canada each year.
Supporting idea/fact no.2
There are more deaths caused by medical malpractice then many would imagine.
Quote or research to support idea
Medical errors kill 98 000 Americans every year, more than those killed by breast cancer, prostate cancer and drunk driving combined.
Supporting idea/fact no. 3
There are very many cases of medical errors but only a few of them get filled. It is estimated that there are over 100 000 cases of medical malpractice.
Quote or research to support
idea.
It is estimated that medical errors could theoretically generate over 100 000 lawsuits every year, but in a five year period there are only 4 524 lawsuits filled.
Closing sentence Medical errors have effected and killed so many people that the penalty should be much higher to reduce the amount of errors. It should be easier to fill a claim for medical malpractice.
Conclusion
Thesis restated:
The law and the court should adjust the penalty higher and make it easier to have a chance with a case.
Bold statement:
Is the law protecting the health care providers that have committed medical malpractice or medical errors?