Medical Malpractice: Is Your Care Below Standard? Imagine yourself lying on an operating table‚ motionless‚ quiet. Above‚ you notice people standing over you. You try to speak but the words just cannot come out. Your arms feel as if they are plastered to the table. You begin to stand up but feel as if weights are strapped to your back and you are bound to the table. Suddenly you feel a sharp pain in your midsection. In and out‚ you see a surgeon slicing your body open with a scalpel. Every
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Medical Malpractice | The Good‚ the Bad‚ the Ugly | | | | | The outcomes of medical malpractice lie in the following explanation of perspectives‚ referred to as “the good‚ the bad‚ and the ugly.” This paper provides a presentation of facts of the two highest single-incident medical malpractice lawsuits in Connecticut: Daniel Jacob D’Attilo et al. v. Richard Viscarello et al. (Case 1) and Elizabeth Oram and Simon Oram as Parents and Next Friends of Spencer Oram at al. v. Corinne
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it is a clear cut case of misdiagnosis‚ for example‚ the patient must prove that his condition was worsened by the error before a jury can‚ as a matter of law‚ award him pecuniary compensation” (Holder‚ 1957). The foundational definition of medical malpractice was established in 1898 in the New York case of Pike v. Honsinger‚ when a man kicked in the knee by a horse
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Medical malpractice presents challenges for policy makers‚ physician/provider purchasers of insurance‚ and companies offering professional liability insurance covering medical providers. Medical malpractice is buffeted by three distinct‚ uncoordinated‚ policy drivers: the health care system‚ the insurance system‚ and the legal system. While cases of medical malpractice arise within the health care system‚ determinations of fault and the assessment of financial damages are made through the tort system;
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Medical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a "common calling" which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients‚ therefore doctors used proper care and expert skill. In the past six centuries‚ medical malpractice has increased‚ which lead to revision and addition to the law. Liability was introduced along with the "GIANT of all torts"‚ negligence
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Misdiagnosis Statistics related to Medical Malpractice Medical malpractice happens more frequently than reported‚ and many people may not even be aware that they are a victim of malpractice or medical negligence until it is too late. The most common medical error happens to be a diagnostic error either by misdiagnosis or a delayed diagnosis. When patients are rushed to the ER‚ doctors and staff are pressured to quickly diagnose and treat the problems and move onto the next patient. Unfortunately
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consent to a set procedure‚ the patient must be aware of the situation. This authorizes doctors access to their body and do what they must. Without permission the doctors have no right to treat a subject‚ if they do so it is illegal and a sign of medical malpractice and negligence. Consent can only be liable if and when the patient is fully informed of all conditions and has provided proof of consent. Sometimes patients consent to a set plan but later revoke their involvement due to further analysis. They
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Medical Malpractice and Tort Reform 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
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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
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Medical Malpractice LawyerAttorney Specializing in Medical Malpractice January 23rd‚ 2012 Finding a Competent Medical Malpractice Lawyer Finding a good medical malpractice lawyer is not a simple task. Some of these lawyers who claim that they are “good” are actually different from how they perform. The ability of a medical malpractice attorney should neither depend on how strong their advertisements are nor should depend on the strong affiliations that they belong to. A good medical malpractice
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