Premium Essay

Essay On Medical Malpractice

Submitted By
Words 749
Pages 3
Medical Malpractice Everyone makes mistakes, but some are more deadly than others. Malpractice is the illegal or negligence, professional activity or they’re working out of the their scope of practice. Medical malpractice is one of the top causes of death in the United States. With this being said, insurance for medical practitioners would be considerably higher. Should the amount of malpractice insurance be lowered even though malpractice is one of the leading causes of death? The answer is yes, malpractice insurance should be lowered.
Only 85,000 out of 225,000 people file a lawsuit against a malpractice (Nilsson, Traumatized). Medical malpractice is the 3rd highest cause of death (hopkinsmedicine.org). Just like a great deal of other things …show more content…
Some of the ways people get mistreated is things like misdiagnosis, unnecessary surgeries, premature discharge, not ordering the correct tests or not acting upon tests presented, not following up, wrong dosage or medication, leaving things inside the body after surgery, incorrect care in hospitals resulting in bedsores, persistent pain, or pressure ulcers (medicalnewstoday.com). Any of these or more can cause someone to want compensation, however some people don’t gain the money they deserve thanks to the fact that they either don’t have the money to go to court, wait too long, or don’t realize till it’s too late and the statute of limitations is up. Other times when they are brave enough making it to court they need a testimony from a medical personnel, however, they can’t find someone to testify (abpla.org). Usually most people don’t end up making it to court on the grounds that lawyers are expensive and the legal system can take a while, on the other hand, when a malpractice lawsuit is awarded there’s a great deal of money that the hospital’s insurance or the doctor’s insurance has to pay, the payment could be anywhere from hundreds to millions of

Similar Documents

Premium Essay

Medical Malpractice Persuasive Essay

...When you are sick and in need of medical attention, you probably don't think twice before visiting a doctor or an emergency room. You trust that the medical professionals around you will do everything in their power to help and, if they cannot do anything further, will advise you on how best to proceed. Unfortunately, this just isn't always the case, and that's where medical malpractice claims come into play. In California, medical malpractice claims are some of the hardest to win. Plaintiffs must have irrefutable evidence in order for their cases to be heard in court, but there's so much more that goes into a medical malpractice case than just evidence. Thinking about filing a medical malpractice suit in California? Let us give you a hand:...

Words: 586 - Pages: 3

Premium Essay

Medical Malpractice

...practiced medicine as a duty to their patients and to society. Laws were developed in order to keep patients safe; therefore, ensuring that doctors practiced medicine to the best of their capability. In recent years, medical malpractice has increased dramatically. Now in today’s society, a doctor’s duty is to use reasonable care, judgement, and skill in his/her profession and when negligent, take full responsibility. In other cases, medical malpractice has been used against doctors by patients in order to sue and gain large amounts of money. In a well developed essay defend, challenge, or qualify whether medical malpractice is a serious issue at hand and whether it can have an impact on the medical field. Malpractice at its core is negligence and negligence is a tort; therefore, malpractice is a civil wrong. This is a detrimental issue within our society because it affects every person and in reality our health is the most important thing we have to maintain. Every health care provider assumes a duty when starting consultations, diagnosis, or treatment of a patient. This duty can be expressed in concrete form, such as a contract, given to the health care provider at the beginning of his/her position as a physician or an implied ethical duty to carry out medical processes with reasonable care and skill. If the doctor fails to provide the patient with appropriate diagnosis they have made a violation of their duty; as a result, a violation of a doctors duty ultimately causes...

Words: 669 - Pages: 3

Premium Essay

Managing Healthcare

...support The Affordable Healthcare Act, stating that it will hurt the economy, lower the quality of healthcare, and harm healthcare workers financially both reflect a complex issue and a compromise is needed. There are serious flaws with the current state of healthcare in America, and the side that supports The Affordable Healthcare Act has valid points as to why the current healthcare policy should be changed. In 2010, almost fifty million Americans were uninsured (Lazarus, 2011). Healthcare is unaffordable to many people in its current state, therefore, many individuals can potentially be denied quality treatment for serious illnesses such as cancer or diabetes. Additionally, if somebody gets sick and cannot afford health insurance, the medical bills are expensive enough to bankrupt an individual. If The Affordable Healthcare Act is put into effect, no American citizen will be denied care because they cannot afford it, since taxes will pay for one’s care. Supporters of The Affordable Healthcare Act reference other countries...

Words: 1940 - Pages: 8

Premium Essay

Medical Malpractice Personal Statement Examples

...I wish to pursue a law degree specializing in torts law and labor law. It was through my own personal experience of losing someone in an industrial accident that opened my eyes and gave me a desire to practice law. In the future, I would like to run a law firm, which conducts pro-bono cases regarding acts of medical malpractice, product liability, and wrongful death. The individuals who inspire me are the lawyers I met, people like Robert Glassman, Kevin Boyle, Ed Fisher, and Rahul Ravipudi. When I was seventeen years old, who took my father’s case, they made the company responsible for the tragedy accountable, and made me believe in social justice through the legal system. From my personal experience, I have become an outspoken, empathetic,...

Words: 768 - Pages: 4

Premium Essay

Stuent

...Essay on Code of Ethics In nursing there is so much emphasis placed on ethics. The reason being is that ethics is a vital part deeply rooted within the field. This paper will look at certain ethical codes in nursing. For example, beginning with a historical overview of the evolution of nursing ethics, and followed by a discussion of the moral principles important to nursing. Next, the paper will look at the outcomes of critical thinking on nursing ethics, and the importance of moral improvement in nurses will be discussed. The following paragraph will discuss the historical introduction of ethics in nursing. The Nursing Code of Ethics began in 1893 with the "Nightingale Pledge" which was patterned after the Hippocratic Oath in medicine, and is understood as the first code of nursing ethics (ANA, 2005). Even though the “Nightingale Pledge is hardly used or enforced by many institution today, much of the same messages or meanings is still practiced today. For, instance in the pledge itself states that “I will abstain from whatever is deleterious and mischievous, and will not take or knowingly administer any harmful drug” (Edelstein 1943). I have come to find that this statement means that the nurse giving care should always take precaution when giving medication. A Nurse should deliver optimal care to all patients. Mistakes are made when nurses leave out what is very important. Later on the Nurses' Associated Alumnae of the United States of America and Canada...

Words: 1491 - Pages: 6

Premium Essay

Business Operations

...Name Institution Date Business operations Introduction Businesses can expand and originate from various entity types. Limited or general partnerships, corporation, sole proprietorship, nonprofit organizations, Limited Liability Company (LLC), and Limited Liability Partnership (LLP) may be a few examples of the styles available for business shareholders and owners to choose from in order to carry out their business operations. Each and every style may have its own gains and setbacks as regards taxation, liability and government regulations and laws. In a bid to answer your question, I might have to make use of two different business examples which comprise of different operation styles and guidelines. The two businesses include a bar business and professional practice and may be detailed on the basis of basic requirements necessary for successful business formation. I would also be keen at outlining the entity choice for each of these businesses as a way of providing advantages over the other. A detailed explanation of how each of the two scenarios controls the taxation, liability and business issues would also be in order. To add on that, the regulations, laws and potential risks that may be involved in every business style may be identified. Bar business The best business entity choice for Miriam, Lou and Jose in their business operation could be forming a Limited Partnership. Jose and Lou would then perform the role of general partners hence manage the operations of...

Words: 1897 - Pages: 8

Premium Essay

Ethics Case Study

...standards of right and wrong that tells what individuals should do, in terms of the right, obligations, benefits to society, fairness, or specific virtues. Ethical standards include those that are virtue of honesty, compassion, and loyalty. Ethics are adequate standards of because they are supported by consistent and founded reasons. The second thing about ethics refers to the study and development of one's ethical standards. Feelings, laws, and social norms can deviate from what is ethical. 1. Does Jerry’s medical training qualify him to issue this refill order? Why or why not? Jerry’s medical training does not qualify him to issue a refill order because the patient’s physician is the only one that can issue a prescription and in this case Jerry is not this patient’s physician. Supposing Jerry called in a prescription, and the patient had an adverse reaction, there would be a big lawsuit against Jerry. Not only Jerry, but his employer also would be facing malpractice. If an employee makes a mistake then it is the employer is responsible for the actions of their employees. Jerry should explain to the patients that he is not authorized to issue any prescriptions of any kind. 2. Would it make a difference if the medication requested were for control of high blood pressure that the patient critically needs on a daily basis? Why or why not? This is a tricky question, even though Jerry is not authorized to prescribe medication, I think in this instance he might be able to...

Words: 588 - Pages: 3

Premium Essay

Ethics

...Wrong Operation Doctor (Ethics and Integrity) Virtue Ethics Essay Tania Alfonso, R.N West Coast University NURS 521 Ethics in Healthcare 201607SUIIOL OL-1 Wrong Operation Doctor (Ethics and Integrity) Integrity is the mother of many virtues and starts when we deal honestly with ourselves. Integrity implicates a dedicated adherence to a strict moral or ethical code and a commitment not to compromise this code (Pozgar, 2016). Integrity is well-defined as a firm loyalty to a code of moral values, and it connotes soundness and incorruptibility. Integrity is the value we established on ourselves and the fulfillment of the duty we owe ourselves. A noble human being will personally commit to living up to certain self-imposed expectations, and need no outside check or control. Rather, this person is honorable in him/her inner core. Integrity is the light that shines from a disciplined conscience and the strength of duty within us. Integrity is definitively one of the essential strengths we can possess, not only in our profession but also in our lives. Coming from a cradle of integrity means being honest, truthful and reliable. It means trying to help rather than hurt, build rather than break, connect rather than crumble. Integrity It is a core value in nursing, a choice and something we can nurture. It is proven when an individual goes beyond what the codes and guidelines state and see that acting outside of these rules will better patient outcomes and safety, and in their...

Words: 793 - Pages: 4

Free Essay

Policy Essay

...MODULE 2 – ESSAY ANSWERS Chapter 4 In Whose Interest Does the Physician Act? 1. Why do physicians play such a crucial role in the delivery of medical services? Although only 25 percent of personal medical expenditures are for physician services, the physician controls the use of a much larger portion of medical resources. In addition to their own services, physicians determine admission to the hospital, the length of stay once in the hospital, the use of ancillary services and prescription drugs, referrals to specialists, and even the necessity for services in nonhospital settings, such as home care. The role of the physician has been shaped by two important characteristics of the medical system. The first is the legal system: only physicians are permitted to provide certain services. Second, both patients and insurers lack the necessary information to make many medical-related decisions. Patients depend on the physician for diagnosis and recommended treatment and have limited information on the qualifications of the physician or the specialists to whom they are referred. The patient’s lack of information places the physician in a unique relationship to the patient. The physician becomes the patient’s agent. 2. How might a decrease in physician incomes, possibly as a result of an increase in the number of physicians, affect the physician’s role as the patient’s agent? In addition to being the patient’s agent, physicians are suppliers of a service, and their incomes depend...

Words: 2825 - Pages: 12

Premium Essay

Evidence Based Practice Reflection

...David Sackett. EBP is “the conscientious, explicit and judicious use of current best evidence in making decisions about the care of the individual patient. It means integrating individual clinical expertise with the best available external clinical evidence from systematic research.” (Sackett D, 1996) Defining what is meant by EBP allows this essay to discuss the controversies and key debates surrounding the use of EBP in nursing practice. These include ethical concerns, reliability, and validity as well as collection on of...

Words: 1476 - Pages: 6

Premium Essay

Ethics

...Terrance Bennett Professor Kordas Business ethics June 20, 2015 Long Essay When comparing normative moral philosophies Utilitarian and Kantian ethics provide prospective on controversial policies such as mandatory arbitration and caps on damages. Utilitarian and Kantian philosophies both have their own unique principals that guide them on making ethical decisions. Cap on damages and mandatory arbitration have many aspects that can be looked at from moral philosophes to be deemed ethical or unethical. When a person is harmed by the negligence or transgression of a company, that person enacts a lawsuit in order to be compensated for damages inflicted to them. If a company is found guilty of doing harm to an individual by the court of law a system comes into play called caps on damages. A limit or ceiling is set in place as to how much an individual can be compensated for regardless of evidence or nominal harm done. Caps only appear if a lawsuit is of great enough value to reach whatever limit is set. Caps restrict the power of judges and juries to make decisions on the amount of compensation an individual can receive and puts the power into the hands of conglomerates and politicians. “Utilitarian holds that the maximization of happiness ultimately determines what is just and unjust” (Shaw 87). In the eyes of utilitarian caps on damages would be considered unethical because it is unjust to harm someone and not compensate them fully. A doctor preforms an amputation on an...

Words: 1003 - Pages: 5

Free Essay

Software Failure

...[pic] MUHAMAD SUFRI BIN MUHAMMAD 158034 SOFTWARE VERIFICATION AND VALIDATION DR. SALMI BT. BAHAROM ESSAY ON SOFTWARE FAILURE (FAILURE OF RADIATION-THERAPY MACHINE) SOFTWARE FAILURE IN RADIATION THERAPY MACHINE Computer programmers spend a lot of time debugging software, yet end users like us still encounter bugs or problem while using those software. Computers bugs can result in many errors including unexpected program crashes or even can result in many troubles such as lost cost, reputation of the software product or even life. There are many software failures out there that we can find and learn from their mistakes. This is what happens at National Cancer Institute, Panama City on November 2000 which at least has eight unluckily patients die, while another 20 receive overdose concerned will get risk of health problems or serious complications from radiation. Twelve years ago, Victor Garcia considers himself lucky to be alive which a combination of cancer and miscalculation almost killed him. The software which created by Multidata System International, a U.S firm get trouble due to limitations of the computer program that guided use of a radiation-therapy machine. It is also miscalculates the proper dosage of radiation for patients undergoing radiation therapy. In order to use this software, it is allows a radiation therapist to draw on a computer screen then the placement of metal shields called...

Words: 1174 - Pages: 5

Premium Essay

Tags

...The Ethical and Legal Complexity of Medical Tourism: Questions of International Justice, Economic Redistribution and Health Care Reform Professor Sarah McBride Toro Longe April 18, 2010 M.J. Thesis in Health Law Abstract This is an essay on medical tourism in the United States of America (U.S.). It includes a brief history of the U.S. health care system, examines the social, cultural, ethical, and legal issues that have affected health care changes in America. With the number of Americans going overseas to seek medical care steadily rising, the American insurance industry expanding benefits, and the Joint Commission accrediting facilities for globalization of the health care marketplace, medical tourism should become increasingly important in the health care industry. While there are many reasons for patients seeking health care outside of their own country, one that is particularly easy to overlook is the outsourcing of health care and its effect in U.S. and around the world. The purpose of this paper is to examine the concept of medical tourism, noting the specific medical tourism destinations, presenting reasons for the recent increase in medical tourism, and examining the risks and benefits, as well as wrestling with the challenging ethical and legal issues inherent in medical tourism. The paper will conclude with consideration of the role of the law in medical tourism. Introduction Over the past 100 years, the United States of America (U.S.) has changed greatly...

Words: 17832 - Pages: 72

Premium Essay

What Can China Learn from the United States’ Personal Health Care?

...Introduction The biggest asset we can have in life is health. Health care is one of the most important components in life. Disease or illness can really mean a downturn in life. As society’s standard of living improves, so does our daily diet. Have you ever caught yourself calculating calories whenever you go through a menu? It is difficult to maintain a healthy diet when we have so many temptations. Mark Twain says it best: “The only way to keep your health is to eat what you don't want, drink what you don't like, and do what you'd rather not.” Health care is normally defined as the management or treatment of any health problem through the services that might be offered by medical, nursing, dental or any other related service. Healthcare includes all goods and services that are produced to improve health. A system of health care is one that is organized to give health services to a population or a group of people. Health care can be for an individual or for a large group of people depending on how the systems are organized. However, there are many disparities and not able to deal with demand of health. Governments have the responsibility to create or formulate policies that will favor people in this regard. Good systems of health can be erected by the top most leadership of a state. As a nation progresses, society as a whole would improves their lifestyle and seek better heath care. This is the reason why we chose to write our final project paper on the Advantages and Disadvantages...

Words: 2368 - Pages: 10

Premium Essay

Could Healthcare Reform Improve Its Current Overburdened Healthcare System?

...increased, mainly due to aging population and income change. The prevalent issue of America’s healthcare system is insurance coverage, access to healthcare. Americans believe this issue should be prioritized, and it is the direct responsibility of federal government to ensure medical care for those citizens that lack insurance. This essay include history of United States healthcare system, its evolution and how healthcare providers can contain costs of healthcare and provide quality and access to healthcare for everyone. From the beginning of 2014 Affordable Care Act by Obama government is trying to solve the enduring issue of American healthcare system. It is a step in the right direction but this reform is facing lots of resistance from Republican Party, that this reform will put country in debt stress. Many Americans are concerned with quality and access to healthcare with the influx in number of insured entering the healthcare system which is already facing the workforce crisis. United States Health care History Healthcare in United States is enduring issue and it is very sensitive subjects for Americans. United states from the beginning choose a market approach to medical care. Medical care is as a market commodity, that you could buy or sale rather than as a social good available for all. In America healthcare is treated as private consumer good and is distributed on the basis of ability to pay (Barr, 2007). In the beginning the Industrial Revolution health...

Words: 2652 - Pages: 11