Putting A Band-aid On Medical Malpractice Law
Jay Anderson
Medical malpractice law governs doctors or other medical professionals to prevent them from treating patients improperly or with negligence which results in injury or death. On a broad scope, legitimate medical malpractice is simply a claim that is brought against a medical or healthcare professional due to a failure to adhere to the applicable standard of care.
Medical malpractice may take a variety of forms. The doctor in question may have delayed treatment of a medical condition that had already been diagnosed; he or she may have failed to provide the appropriate treatment for a specific medical condition; or the doctor may have failed to properly diagnose a medical condition. With differing state malpractice laws, the procedure and laws governing lawsuits will vary from one state to the next so it is important that both patient and doctor understand the laws of the specific state in which the doctor is practicing. However, if the doctor does make a mistake, but there is not medical harm or death as a result, the patient will not be eligible for compensation of damages.
Yet another segment of medical malpractice law has to do with the subject of informed consent. A patient must give informed consent to a medical procedure in order to have it done. This means that he or she knows all of the dangers and benefits of the procedure, and consents to any risks taken. When the informed consent is not properly obtained, the doctor can be said to have performed medical malpractice even if the patient is not actually harmed by the procedure.
In addition, the changing environment of medical care makes malpractice law ever more important. Medicine has become a business of profit, and to this end, physicians are under greater and greater pressure to make fast diagnoses and to be as efficient as possible. This opens the door for physician error.
This characteristic of the new environment of the medical industry is that doctors are spending less and less time with their patients which equates to less time that the doctor has to obtain the patient's medical history that is thorough enough to provide the doctor with vital clues that may aid him or her in diagnosing a condition. This is problematic for both the patient and doctor because the likelihood of misdiagnosis or missing key symptoms that could lead to a diagnosis is very high. Medical malpractice law is even more relevant in such cases because it plays a major role in improving patient care as well as protecting doctors from frivolous or erroneous lawsuits.
In addition, some doctors are now countersuing patients whom they feel have filed frivolous or otherwise unfounded lawsuits. Although the actual percentage is unknown, some estimate that as many as 25 to 50% of lawsuits filed and which are later determined to be frivolous are still paid. This is because many insurance companies choose to settle claims instead of pursuing them in court, since this is actually cheaper for them to do.
Doctors need to carry medical malpractice insurance to protect themselves from being sued, whether a given suit is found to be of merit or not. Even the most careful of doctors can be sued for medical malpractice. If you have been sued, you need to notify your insurance company immediately, as they have resources to help you fight your suit if it is, indeed, unfounded.
In many cases, medical malpractice law, as it currently stands, has been regarded as ineffective by both patients and physicians. Patients who are legitimately injured by malpractice may slip through the cracks and never see vindication while physicians who are innocent of the malpractice claims may be victimized as well. A common belief is that attorneys on both sides will profit, regardless of the outcome. Improvements need to start there. Proponents of medical malpractice law feel that the system needs to be "fixed" so that efficiency is increased and both the patient's and physician's rights are considered. Perhaps ending the system where attorneys go head to head, vying for the win would result in a medical malpractice system that is more efficient and fair to all parties involved.
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