Preview

Providers Respond To Malpractice Or Medical Negligence?

Satisfactory Essays
Open Document
Open Document
470 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Providers Respond To Malpractice Or Medical Negligence?
Medical providers have one of the most, if not the most difficult job in my opinion. These individuals study for many years to gain an idea of what they will face in the real world and whey they start practicing, they see that every case is individual. People put their confidence and trust in their doctor, they believe they are safe in their hands and that should be a very serious task for any physician. There are minimum standards of care that should be followed at all times and if they are not the repercussions could cost the provider anywhere from paying fines to losing their license due to malpractice or medical negligence.

A tort law as defined in medicaldictionary.com is an act deemed unlawful and capable of triggering a civil action. In my opinion, there will always be accidents because no one is perfect, but these should be minimal. In having a tort law in place, there is a higher recognition of the liabilities a provider can face if found guilty of malpractice or medical negligence which makes providers more aware of their responsibilities. I think it is a friendly reminder to double check and always be sure of what they are doing before making decisions or providing treatment which could potentially harm their patients.
…show more content…
It is always good to have laws in place so that people know their boundaries, responsibilities and the consequences of not following these. I think the threat of malpractice does drive better healthcare in one aspect because doctors want to stay away from these issues so they concentrate on doing their best, double check what they are doing and ensure the best treatment is provided to patients, but this could be a double sided problem at the same time; they may feel pressured and nervous while providing care which can cause them to make mistakes which can harm their

You May Also Find These Documents Helpful

  • 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

    therefore the federal government needs to step in and make reform happen. The physicians need…

    • 1629 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Cobbs V. Grant Case Study

    • 366 Words
    • 2 Pages

    Grant case brings up the issue of informed consent. In this case the surgeon, Dr. Grant informed the patient, Mr. Cobbs that he had an intractable peptic duodenal ulcer, which required surgery. In this case the surgeon failed to inform the patient of the risks associated with the initial surgery. The legal principle of informed consent is the patient has the right to know about all of the risks and benefits of a certain medical procedure before making a decision to either accept or unaccept that procedure. The court found for Dr. Grant, and they point out that there was no evidence to indicate that Mr. Cobbs known about the adverse effects of the surgery, he would not have consented to the operation. The plaintiff could not prove negligence was a result of the lack of informed consent. The complications associated with the surgery were expected risks therefore negligence was not present. However, I really think the surgeon should inform the patient of all the risks and the side effects of the…

    • 366 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Negligence Case Study

    • 520 Words
    • 3 Pages

    Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they grew between the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?…

    • 520 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Case Law Search

    • 950 Words
    • 4 Pages

    Physicians tend to do what they feel is right, and what might feel right or makes sense from a business or logical perspective could actually land them in jail.…

    • 950 Words
    • 4 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
  • Better Essays

    Hcs 430

    • 972 Words
    • 4 Pages

    An example of how serious California can enforce laws against physicians, The Osteopathic Board of Medicine suspended Dr. Kyle Robert Krueger (an emergency physician) license because he had five DUI arrest on his record. Before the final suspension he was on probation for the last three of his DUI’s. The board considered him to be a high risk professional in regards to patient safety and welfare (My California Defense Lawyer, 2009). This information about his DUI’s and any other physician’s accountability is available to the public through a website: California Government License Lookup System which allows people to search and take precautionary insights when searching for quality, qualified physicians and their background.…

    • 972 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    In society today, there are so many people looking to place blame on medical professionals. It is absolutely imperative for all members of the medical team to know the different types of laws and consequences if these laws are broken. While the law may not recognize wrongdoing, the medical certification and licensing boards may find that behavior is unethical. This can lead to anyone in the medical profession to loose their certification or licensing. If we don't know what the laws are, or the ethical promises we make as professionals, we won't know if or when we are violating them. Sometimes just the fact that you know someone violated a law or ethical issue can get you into serious trouble. Part of our education is to assume responsibility…

    • 224 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    * Health care is a vast ever-changing demand in the United States. Because of that high demand, quality has been a concern for many patients. Each day patients put their health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to file a civil complaint against that provider that caused the injury. Some possible reasons for civil complaints are that personal information for a patient was shared without proper consent, negligence, or assault. These injuries are covered under Tort Law. This essay will identify a civil complaint process that patients may follow in the event of misconduct or incompetence by a provider. The role of the regulatory agencies to investigate the allegations of the misconduct will be discussed along with how they apply disciplinary actions if warranted. Potential criminal liabilities, risk management strategies, quality assurance programs to reduce the risk of liability and the process to follow in the event that charges are filed against a provider will all be identified.…

    • 896 Words
    • 4 Pages
    Good Essays
  • Good Essays

    A statewide liability cap limits the liability of the doctor at hand. While many argue that these liability caps allow the doctor to make careless mistakes, in reality, it gives the doctor the peace of mind to work to their full potential without worrying about the point of view of the patient. In an office, the patient may always be correct, and the doctor will be at risk of being filed a lawsuit for their “careless help.” With states such as California and Minnesota, OB-GYNS pay about 20,000 for their insurance rates. With the liability cap for all states, the number of medical malpractice suits can decrease immediately. Lawsuits will decrease since they depend on the plaintiff’s advantage to take the case of a trial, and the tort reform statutes is the guess that many of these claims tend to be excessive. The OB-GYN medical practice will always have the highest numbers in insurance, but these claims put into all the states can dramatically assist all of these doctors in the money they have to pull out of their pocket every month, and hopefully not every twenty-one…

    • 917 Words
    • 4 Pages
    Good Essays
  • Good Essays

    These element are "duty, breach, causation, and damage" (Matzo, 2015). Additionally, there are statutory controls which these element are subject to in malpractice cases (Matzo, 2015). These statutory controls separate malpractice from other personal injury lawsuits (Matzo, 2015). The elements and factors involved in medical malpractice lawsuits make them a challenge to win and the challenge is rightly justified (Matzo, 2015). There are also arguments in defense of medical malpractice, which include disproving medical negligence, proving patient negligence, support of the medical profession, and contributory negligence (Reuters, 2015: Lau & Johnson, 2015). Even though medical malpractice tort law appears to be complete as it stands, some argue it requires…

    • 684 Words
    • 3 Pages
    Good Essays
  • Good Essays

    As previously noted, health care providers are dealing with the lives of other people, one of the greatest responsibilities possible. Negligence, malpractice, and litigation will most likely all do the same thing to the patient-provider relationship. These things will likely cause the patient to lose trust in their provider (Goodwin, 2009). When someone loses trust in their provider, they will obviously not continue to see them again. This can leave a person feeling helpless and as if nobody cares about their well-being.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Defensive Medicine

    • 1354 Words
    • 6 Pages

    Tort reform, being one of those platforms, is proposed as one solution to the rapidly increasing health care cost in the United States. Careful reform of medical malpractice laws can lower administrative costs and health spending. This will also lead to improved patient safety and steer physicians away from the costly practice of defensive medicine.…

    • 1354 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Escape Fire Theme

    • 455 Words
    • 2 Pages

    Dr. Steven Nissen said in the film, “When medicine became a business we lost our moral compass.” To be ‘successful’ in this field it is required that you play the game it has laid out. Because medicine is a business, doctors do what the game tells them to and not follow their moral path on what should be done. Many doctors know that they should treat the whole person and not just treatments but when the game tells them they need to get their productivity up they have to do so. I realize that many healthcare providers are stuck in…

    • 455 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Pro Tort Reform

    • 747 Words
    • 3 Pages

    The cost of healthcare in the US is very expensive and is rising rapidly. Tort is one of the main reason this is happening. Tort pay out usually comes from the insurance companies, which eventually raise the insurance cost, and the cost is incurred to everyone paying insurance. In addition, the current medical liability system does not effectively compensate patients from medical negligence nor improve patient safety by addressing system errors. 93% of physicians have started to practice defensive medicine3 in order to avoid getting into lawsuits and this has adversely affected the physician-patient relationship. Physician eliminate complex procedures or procedures that seem litigious. These behaviors have strained and limit physicians to their scope of work, which ends up…

    • 747 Words
    • 3 Pages
    Good Essays