Medical Malpractice

Topics: Medical malpractice, Health care provider, Health care Pages: 5 (1564 words) Published: November 11, 2013


Index
Introduction: Medical Malpractice
Subtopics:
Negligence
Wrongful Deaths
Commonly Undiagnosed and Misdiagnosed Conditions
Medical Malpractice Insurance
Conclusion

Work Cited

"7 Commonly Misdiagnosed Illnesses." AARP. N.p., n.d. Web. 11 Nov. 2013. "7 Examples of Medical Negligence." PersonalInjuryClaimsBlawg RSS. N.p., n.d. Web. 11 Nov. 2013. Fremgen, Bonnie F. "Chapter 6/ Professional Liability and Medical Malpractice." Medical Law and Ethics. 4th ed. Upper Saddle River: Julie Levin Alexander, 2012. 133+. Print. "Medical Malpractice." Walkup, Melodia, Kelly & Schoenberger. Walkup, Melodia, Kelly, & Schoenberger, n.d. Web. 11 Nov. 2013. "Medical Malpractice." Wikipedia. Wikimedia Foundation, 11 Nov. 2013. Web. 11 Nov. 2013. Merritt, Cam. "What Is Medical Malpractice Insurance? | EHow." EHow. Demand Media, 03 Apr. 2011. Web. 11 Nov. 2013. Olvera, Cristina. "Top 5 Undiagnosed Diseases." Yahoo Contributor Network. N.p., n.d. Web. 11 Nov. 2013. "Under-Diagnosed Diseases." - RightDiagnosis.com. N.p., n.d. Web. 11 Nov. 2013. There is a standard of care that all physicians and health care professionals must abide by and if that standard is ignored it could lead to a law suite of medical malpractice. Medical malpractice is the professional misconduct of an unreasonable lack of skill that results in injury, damage, or loss to the patient. Approximately 95,000 patients are killed each year due to preventable medical errors. Standards and regulations for medical malpractice vary by country as well does the jurisdiction. Related topics such as negligence, wrongful deaths, undiagnosed and misdiagnosed conditions, and medical malpractice insurance are what I will be informing you about in this report. Some people believe that malpractice and negligence is the same thing, but not all medical mistakes are malpractice. Negligence is less severe than medical malpractice but still a very serious wrongdoing. It is usually an unintentional act that occurs when a health care professional, usually a physician, preforms or fails to preform and action that a reasonable person would or would not have done in a similar scenario. Just like malpractice negligence is a failure to meet the acceptable standard of care, but unlike malpractice, negligence does not always result in injury to the patient. Charges of negligence against a physician or other healthcare professionals happen because the patient or the family of the patient is not happy with the outcome of the treatment and care that they have received. In order to take a physician to court for negligence the patient must be able to show the responsibility established between the physician and the patient, the neglect of duty that the physician failed to preform, that the injury or problem was closely related to the physician’s negligence, and any injuries caused by the physician. In other words, the patient must prove what is called the “four D’s”- duty, dereliction of duty, direct or proximate cause, and damages. Damages that could occur due to negligence include permanent mental or physical disability, loss of enjoyment of life, past and future loss of earnings, medical and hospital expenses, and pain and suffering. When it comes to medical negligence, no two cases are ever the same. Misdiagnosis and failure to diagnose are two of the main causes for medical negligence law suites. This can occur, for example, if a patient’s symptoms are overlooked or have been dismissed when they could have likely been recognized by another ordinary, competent physician. Medical negligence often occurs more frequently in emergency rooms because the doctors have a lot to do in less time and the chances of making mistakes are higher because of the rush. Another example of negligence is when a surgeon makes a mistake during an operation or procedure. This could occur in a patient went into surgery to get his left foot amputated and woke up to find his healthy right foot...

Cited: "7 Commonly Misdiagnosed Illnesses." AARP. N.p., n.d. Web. 11 Nov. 2013.
"7 Examples of Medical Negligence." PersonalInjuryClaimsBlawg RSS
Fremgen, Bonnie F. "Chapter 6/ Professional Liability and Medical Malpractice." Medical Law and Ethics. 4th ed. Upper Saddle River: Julie Levin Alexander, 2012. 133+. Print.
"Medical Malpractice." Walkup, Melodia, Kelly & Schoenberger
"Medical Malpractice." Wikipedia. Wikimedia Foundation, 11 Nov. 2013. Web. 11 Nov. 2013.
Merritt, Cam
Olvera, Cristina. "Top 5 Undiagnosed Diseases." Yahoo Contributor Network. N.p., n.d. Web. 11 Nov. 2013.
"Under-Diagnosed Diseases." - RightDiagnosis.com
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