...Imagine waking up from a double mastectomy surgery to hear the great news that you do not have cancer, to only find out later that you never had cancer and that your medical chart got mixed up with another patient who does. This type of situation was caused by medical malpractice and negligence by the physician. In this paper key topic that will be discussed is the definition of negligence, lawsuits, standard of care, malpractice, malpractice cases, and the law. Negligence is the unintentional or omission of an act that a sensible person would not have done or looked over. A negligent person might also disregard their duties whereas a sensible person would not. There are different types of negligence which include misfeasance, malfeasance, and nonfeasance. Misfeasance is when a provider does the correct action incorrectly causing an injury. Malfeasance is when a provider performs an act that is deemed unlawful such as performing a procedure in a state where it is illegal. Nonfeasance is when a provider fails to perform duties that a reasonable person would have fulfilled. In order for a person or party to claim that negligence played a part in an injury, medical condition, or death it must be proven. There are multiple key factors that must occur such as a breach in the standard of care and negligence is responsible for the injury. Standard of care is the level of care that a patient can expect to receive. A breach in care is just the opposite the patient does not receive...
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...------------------------------------------------- Medical Malpractice in Nursing Homes By: Molly Hix Medical malpractice occurs on a daily basis to innocent patients. Today, malpractice continues to increase in nursing homes due to the shortage of qualified staff. Malpractice is when a hospital or any type of healthcare happens through neglect to a patient. Neglect might occur when the diagnosis is wrong, treatment or even aftercare. The number of malpractice cases is on the rise in nursing homes due to the lack of employee to patient ratio leaving patients to suffer and employees on the verge of lawsuits. Back in 1986 a report by the Institute of Medicine was released stating that residents were receiving negligent care. They were likely being physically or mentally abused as well as having all their rights ignored by the caregivers. In 1987 Congress decided to pass a legislation to establish rules and standards for nursing homes. Even though the legislation was passed the nursing homes along with the caregivers were still violating these rules. This regulation was established to make sure patients were receiving the correct care in a professional manner. This meant that the caregivers were required to actively use the available resources to get the proper training to further the patients’ lives and well-being. Fast forward to year 1999, the U.S General Accounting office found a lack of treatment in nearly one- third of all nursing homes. Stated in this report they...
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...Brian Ardizzoni Michael Neil English 1301, Composition 1 25 November 2012 Medical Malpractice For nearly forty years, tort reform constantly becomes an increasingly controversial issue affecting the medical community, the legal community and most of all, the victims of some very unfortunate accidents. Tort reform refers to laws passed on a state-by-state basis which place limits or caps on the type or amount of damages awarded in personal injury lawsuits. Those who advocate medical malpractice tort reform believe limitations should be set on the amount of damages a plaintiff or injured party can be rewarded by the court. These advocates usually include medical professionals and insurance companies. Their argument is that too many frivolous lawsuits lead to high malpractice insurance, the increasing cost of medical care and a burden on the taxpayers whose tax dollars absorb the extravagant litigation costs for these claims. They believe doctors will eventually be unable to practice medicine due to costly malpractice insurance premiums which may leave many Americans unable to obtain much-needed healthcare. In the past, as the rate of malpractice suits began to grow, so did the rate of malpractice insurance. This ended up having a dire impact on the medical profession. For one thing, many qualified doctors ended up leaving their practices and focusing more on preventative medicine. In other words, they...
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...cost of Medical Malpractice insurance Sharron Wickham BU224 Kaplan University Professor Greg Evans April 3, 2014 Quick rising medical malpractice premiums have become a concerning problem and a discussion for doctors, insurance policy writers and even the public. The rise in medical malpractice insurance costs can have a big effect in the way health care is given in the U.S. Rises in the premiums can change the size of our doctor workforce and can even cause the doctors to practice “defensive medicine”. Medical malpractice insurance premiums are a huge discussion and have changed over the past 30 years, affecting the areas doctors are trying to work in and how they are practicing medicine, this can cause the people to not receive the best care they can. Just 30 years ago a doctor could feel comfortable in the room with his patient, laugh talk about the family and enjoy the time with the patient, as well as take care of their health needs. There were way more doctors that made house calls back in the day and more doctors willing to practice medicine in any area. So what changed? The fact that patients took advantage of the doctors and started suing doctors for malpractice. Malpractice claims have been known to have juries that make excessively generous awards knowing that insurance companies pay. For this reason, malpractice premiums have skyrocketed over the past 30 years. According to Towers Perrin, a global professional services firm, malpractice litigation costs...
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...Malpractice Statutes Tort is an intentional or unintentional, non-criminal wrong that causes injury to another party. The injury can be physical, mental, or monetary. Once an injury occurs the wronged party can sue the wrongdoer for damages (Simon, Eddins, & Greenstone, 2009). Malpractice is one type of tort; tort reform is passed at a state level in regard to the laws regarding malpractice. The state can develop laws that cap the amount of reimbursement a judge can award for punitive damages a patient or family can acquire for damages in relation to malpractice. Tort reform, is an aspect that can attract physicians to specific states based on how friendly the practice environment is for health care providers. Tort reform aims to limit the liabilities of the wrongdoer. Those supporting tort reform claim that such changes will reduce frivolous lawsuits therefore reducing the cost of insurance (Simon et al., 2009). Tort reform can put tighter constraints on medical malpractice lawsuits taken to court, opposed to those that are dismissed. Essentially medical malpractice is, negligence or error committed by a health care professional where there is harm caused to the patient. Reductions of malpractice insurance would serve to reduce the cost of health care. Each state sets its own requirements regarding what is required for practitioners to have for insurance coverage to cover the practitioner for any lawsuits charge on them for malpractice. This paper will review two different...
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...Malpractice is defined as “injurious or unprofessional treatment or culpable neglect of a patient by a physician or surgeon” (Webster’s 2005). With the rising costs of healthcare today, some lawmakers, doctors, and hospitals claim that the expensive malpractice insurance that health professionals are required to carry is a contributing factor to the rise in the cost of health care. (Connolly, Ceci 2004). Awards capping is not a new principle for Americans. Much like we hear about salary caps for baseball teams some states including Ohio have legislated laws that put a limit on the amount that a patient can receive in a lawsuit for pain and suffering. The law now states that largest amount that a plaintiff can win is 250,000. Although the amount for lost wages will not be capped, states would like to place a value on a person’s quality of life. Medical malpractice awards capping is not a solution to the rising costs of healthcare. There are two sides to every story. The issue of awards capping is no different. On one side we have medical doctors, hospitals and a conservative government concerned about rising healthcare and insurance costs. On the other we have families, children and health care advocates who claim that a capping system would not be influential in affecting prices for health care or malpractice insurance. The ABA considers capping not only to be a bad idea, but ineffective as well “The American Bar association strongly refutes any such contention …empirical date...
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...National estimates of medical liability system costs—including settlements, legal and administrative costs and defensive medicine—range from $55.6 billion annually to $200 billion annually (NCSL, 2011). Medical malpractice reform, also known as tort reform, includes strategies to limit medical malpractice costs, deter medical errors, and ensure that patients who are injured by medical negligence are fairly compensated. Tort reform has the potential to reduce health care expenditures by reducing the number of malpractice claims, the average size of malpractice awards and tort liability system administrative costs. It also may lead to fewer instances of defensive medicine where physicians order tests and procedures not primarily to ensure the health of the patient but as a safeguard against possible medical malpractice liability (NCSL, 2011). Medical malpractice reform proponents argue that tort reforms—such as limiting malpractice awards, tightening statutes of limitations for filing claims, increasing expert witness standards, and screening cases before they go to trial—not only reduce overall medical care spending but also increase access to care (NCSL, 2011). Strategies to improve malpractice claims include limiting awards; placing stricter limits on statutes of limitations; establishing minimum qualifications for expert witnesses; periodic payment provisions; modified Collateral Source Rules; Attorney Contingent fee limits; and other medical Liability related reforms...
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...Negligence, Gross Negligence, or Malpractice Lesli Sherwin, RN HCS/478 Health Law and Ethics May 11th, 2015 Lynda White ADN, BS Negligence, Gross Negligence, or Malpractice Malpractice includes both negligence and gross negligence. Malpractice is a tort in which a person who claims a practice in some profession fails in their duty, lacks in their skill to the extent that it causes damage to their client or patient. Negligence and gross negligence are both forms of malpractice. Simple ordinary negligence is the lack of performing in a manner consistent with standards of practice including omissions in practice, and failure to provide care that any other reasonable prudent nurse would provide. The Elements that a plaintiff must prove to win their negligence claim include breach of duty, causation, and damages (Weiler, 1995). If they cannot prove there was a breach in all three of these things, then the plaintiff will lose the case. Gross Negligence, is negligence on a grand scale. It borders reckless behaviors and culpability. It is most simply explained in terms of degree of negligence, or the severity of the negligence is worse than simple or ordinary negligence. Gross negligence can be very subjective and is used in extreme cases that might have ended with manslaughter charges or something of the like. Could the event or act have been controlled by the practitioner? If the answer is yes, then it is probably neglect. If the act was purposeful and the practitioner understood...
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...Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice...
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...Medical Malpractice and Quality of Care: With the increase in costs of malpractice insurance for doctors, how is our quality of care affected and what can be done about it? Rising malpractice insurance affects everyone seeking medical care and should be a cause for serious concern. At first, the health care industry saw rising premiums as only a temporary backlash from a couple of lawsuits with multimillion dollar jury awards. Therefore, health care administrators, insurance companies, and public officials worried little about planning for the snow-balling crisis that exists today. People blame greedy lawyers and generous juries for the problem; however, I feel that more than one cause led to our current situation. Today, administrators and lawmakers debate the best solution to this dilemma. Many suggest that by merely capping monetary damages awarded, malpractice rates will stabilize. I disagree. I believe that monetary caps must occur to help with the costs, but I also feel that patient/public awareness is essential to the stabilization of insurance premiums. After the first multimillion dollar award in a medical malpractice lawsuit, physicians still felt safe because they believed juries would place little or no emphasis on non-economic damages – awards unrelated to medical costs, lost salary, etc. However, the lawsuits kept coming and the awards, especially for non-economic damages, kept escalating. According to the New York Times, “the average jury...
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...Running Head: Malpractice Legal and Regulatory Issues Malpractice Legal and Regulatory Issues Malpractice Legal and Regulatory Issues Malpractice Legal and Regulatory Issues Malpractice is an issue that is always can affect a healthcare office. Malpractice is when the improper or negligent treatment of a patient, as by a physician, resulting in injury, damage, or loss of life. Physicians have insurance for this in case an incident occurs. Physicians follow a code that states do no harm but sometimes harm occurs due to their negligence to underlined issues. If underlined issues dealing with your diagnosis is not checked out then it can lead to further injuries and even death. Medical malpractice can cost a facility or hospital millions even billions of dollars each year. Medical malpractice not only will cost money but it can also hurt a hospital or facility reputation for treatment for patients. Medical malpractice cases require stringent and comprehensive clinical review, and hospitals always employ medical experts to review their cases. The clinical issues are always analyzed, but often overlooked is the evaluation of the corporate responsibilities of the hospital involved in the matter. It is becoming increasingly likely that the hospital will be included in the claim as plaintiff attorneys are very aware that courts are finding corporate negligence as a factor in many claims, and more and more states are recognizing corporate negligence as a contributing...
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...Medical Malpractice and Informed Consent In order to prove that Dr. Green was negligent in her treatment of Mr. Parker the plaintiff needed to prove that Dr. Green did not perform her duty, breached her duty, caused the injures, and that she suffered damaged. In this case, Dr. Green did not exercise reasonable care under the circumstances by not following the manufactures stated dosing instructions and prescribing the incorrect dose in both oral and written instructions. Dr. Green violated her breach of duty by failing to meet the applicable standard of care. It would be hard to argue that others physicians would have prescribed the incorrect dose in their standard treatment of care. It is my opinion that plaintiff would succeed in proving that Dr. Green did not perform her duty and breached her duty. While the statement of facts presented does not state the amount that is needed to overdose on pentamite or what effects of an incorrect dosage will have on an individual taking pentamite, the plaintiff could argue that taking the prescribed dosage of 10 times the stated dose by the manufacturer for two weeks caused the heart attack that ended Mr. Parker’s life. Dr. Green could argue that the dizzy spells were a sign of a medical condition that no matter what treatment she gave, the heart attack that ended Mr. Parker’s life could have happened and she did not cause it. In order to estimate the success of this claim I would need more information about pentamite and need...
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...Medical Malpractice Tort Reform in the Healthcare Industry Medical malpractice reform, also known as tort reform, includes strategies to limit medical malpractice costs, deter medical errors and ensure that patients who are injured by medical negligence are fairly compensated. Tort reform has the potential to reduce health care expenditures by reducing the number of malpractice claims, the average size of malpractice awards and tort liability system administrative costs (Medical Malpractice Reform, 2011). Since the 1970s, medical malpractice has been a controversial social issue, which has caused physicians to have increasing concerns about the large number of lawsuits and the negative connotations that tend to go along with them. Physicians have started pushing for legal reforms to decrease the large monetary awards for damages whereas tort attorneys have argued that the negligence suits are an effective way of compensating the victims fairly and forcing the medical professions to follow a proper standard of care (Pozgar, 2013). An article from the Journal of Patient Safety estimates that between 210,000 to 400,000 people die every year in the U.S. from hospital medical errors and 1 in 14 U.S. doctors face a malpractice lawsuit every year (Corapi, 2014). Physicians and healthcare providers argue that the millions of dollars that are awarded in damages increase the cost of healthcare by passing this cost onto the consumer in the form of higher insurance premiums and...
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...Florida Supreme Court Tosses Medical Malpractice Caps Lenore LaBree HCS/430 March 17, 2014 Nancy Geedey Florida Supreme Court Tosses Medical Malpractice Caps Medical malpractice law suits are common within the United States. This paper will discuss this regulatory issue and the relationship it has to the nature, sources and functions of the law. The information in this paper will also educate the readers on the medical malpractice laws and the reasoning for caps being placed on malpractice. Malpractice is a form of negligence that is defined as “professional negligence” (Fremgen, 2012 p. 39, para. 6). Both malpractice and negligence relate to wrongdoing. Negligence leads to liability in malpractice. Professional malpractice includes physicians, nurses, lawyers, accountants, pharmacists, and other health care professionals (Fremgen, 2012). This is why it is important for health care professionals to carry medical malpractice insurance. This type of insurance is costly for physicians, but is a must for physicians to have in the event he or she loses a litigation case. The physicians’ medical malpractice insurance also covers the employee within the facility that are not licensed. Because of the nature of today’s litigation on medical malpractice most other licensed medical professionals carry his or her own insurance for reassurance. In the past, people could sue hospitals and/or physicians for medical malpractice and a jury would decide how much the patient would be...
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...Malpractice or Poor Judgement? The practice of medicine has never claimed to be an exact science. In fact, it is very much a hit-and-miss situation. Taking into account these above factors, India seems to be on a destructive trend regarding their level of health care. Ever since private medical services fell under the Consumer Protection Act (COPRA) in April 1993, the number of malpractice suits filed against doctors has begun to soar. For example, in Kerala, approximately 1800 cases (15% of the total number of cases) have been filed. As Dr. Dipak Banerjee of the Indian Medical Association puts it: "It's degenerating into a kind of witch-hunt." For years the community of doctors across India was immune to charges of malpractice, but the tide has begun to turn. Doctors are now having to dish out larger sums of money in order to insure themselves adequately. Insurance companies have caught on as well, raising the price of malpractice insurance on most doctors. For instance, a doctor who would have had to pay Rs. 125 annually now has to pay up to Rs. 1500. These costs will only be passed along to the patients in the long run, and the condition is only going to worsen. Take for example the United States, where surgeons annually pay an average of $75,000 on insurance premiums. On top of these premiums, doctors who practice very defensively add as much as $21 billion US to the health care bill every year. Twenty percent of the tests prescribed by doctors were not...
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