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…
reduce the cost of malpractice lawsuits, defensive medicine and the lack of justice for injured…
Are the adverse risks of the recommended or requested health care service or treatment substantially increased over those of available standard health care services or treatments?…
The creation of database compels malpractice insurers, licensing agencies, HMOs, hospitals and group practices to report malpractice payments and any adverse action affecting medical professionals. The database is achieving its purpose as the 2011 annual report showed that medical malpractice payments declining steadily from 2002 to 2011. The database also makes it easier for authorized agencies, government agencies, hospitals, and medical associations to access information before hiring an individual and before licensing or renewing licensure. This ensures that only diligent and qualified professionals are entrusted with patients’ healthcare.…
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.…
Doctors have also been known to push drugs onto patients that may not really need it. This is due to the continual widening of guidelines. This widening…
Rarely any physician intends to harm patients when he or she provides treatment to them. Patients see physicians and specialists in full faith that they will get help with a condition. What complicates the patient-doctor relationship is that the outcome of each patient’s treatment is different because of individual health conditions and the course of treatment chosen by the doctor. Problems arise when a patient is not satisfied with care provided by the doctor or in extreme cases when a patient dies. Since most of the time it is hard to clearly determine whether the outcome was solely a result of the course of treatment chosen by the doctor or whether other factors played a role too, quite often patients take their grievances to court to seek justice. What makes these kind of cases complicated is the “What would have been if…?” scenarios where one can only guess what the outcome of the treatment would have been had a different course of treatment been chosen because the proximate causes of injuries are not easy to determine.…
In the case presented for discussion described above, it was imminent that Dr. Yarnell had a justifiable medical history that supported his symptoms. Nonetheless, it can be argued the way PA Brian decided to evaluate and treat Dr. Yarnell was biased or based on personal interests. PA Brian’s medical judgment was compromised. Mutual personal motivations existed between Dr. Yarnell and PA Brian. However, as a clinician PA Brian should have impartially evaluated Dr. Yarnell by properly and examining and documenting his findings or properly redirecting Dr.Yarnell to a different clinician. If the patient (Dr. Yarnell) was never appropriately examined, how can PA Brian as a health care provider substantiate that the medication prescribed was adequate and beneficial for the…
Doctors and insurance companies believe that MICRA’s cap should not be changed because it would make healthcare more expensive. They argue that for thirty-eight years MICRA has increased the availability of healthcare while providing enough compensation to injured patients. They believe increasing the cap on economic damages will impact physician medical liability rates, lead to higher costs of healthcare, and reduce access for patients. Overall, MICRA benefits the patients because healthcare costs are kept lower.…
6. Hettrich, C. (December 2010). The Costs of Defensive Medicine. AAOS Magazine. Retrieved from http://www.aaos.org/news/aaosnow/dec10/advocacy2.asp…
In the Civil War era medical advances were few and so were surgeons. This time period is known in medical history as the "Medical Middle-Ages". This was the beginning of the technology of today.…
Medical malpractice lawsuits are startlingly common and result from a number of reasons. Doctors and medical specialists can make medical errors, missed diagnoses, drug errors and miss test results (Lovenberg, 2015). Doctors can also make surgical errors and anaesthesia mistakes (Lovenberg, 2015). Unfortunately, all of these failures can result in serious injury and often death. Malpractice tort law is a Constitutional right and provides a means for individuals who have suffered from medical negligence to receive reparation for compensatory damages (Lau & Johnson, 2014). However, defendants in these numerous cases disagree with the tort laws and have successfully and unsuccessfully argued for reform…
Through the many events that have taken place in the health care industry one that comes to mind is how excessive litigation affecting health care today. Litigation has become so broad that it has become a specialized department in the law industry. When one watches television, listens to the radio, browses the Internet, or looks at other media outlets he or she is bound to come across some advertisements for litigations against health care facilities and professionals at frequent intervals. It is not unexpected to see or hear several of them throughout the day. Law firms have even become specialized in health care related cases and focus on specific conditions caused by some sort of illness, medication, or even procedure. The result of this is that health care facilities close due to the financial burden of payments resulting from litigations, in the long run the amount paid for malpractice insurance rises, insurance premiums rise, and costs of health care increases because of the additional procedures ordered to try to prevent litigation (Satiani, 2004). The practice of defensive medicine is estimated to cost two and a half times average coverage cost and the estimated savings in tort reform is passed in 50 billion dollars…
Excessive litigation is a recurring trend in health care. The litigation was intended to protect those who suffer from gross negligence or malpractice. The vicious cycle that occurs or that people fail to realize is that the excess litigation only hurts the consumers in the end by the increased cost or decrease in availability of services in certain areas and regions.…
Possession and use of illegal drugs can land you in the criminal system facing an assortment of serious charges. If you are charged with a drug related offense, you would be wise to have an attorney who specializes in drug defense cases represent you.…