Malpractice Manual Team B HCS/545 July 25, 2016 Dr. Matt
Malpractice Manual Medical malpractice is a law that was created in the United States through various court case rulings of physicians accused of medical wrongdoing. For a medical malpractice suit to actually go through a court ruling the plaintiff or injured patient in question must be able to show proof that the physician acted negligently when medical care was given and that the negligence did result in medical injury. Although before such malpractice cases go to trial the legal system is designed for the parties to potentially settle out of court which can be a monetary agreement. Medical malpractice is showing up more and more, medical physicians must develop a plan on what needs to be done when a malpractice case arises not only to protect themselves but their medical office and employees. For the past three decades the United States has faced an increase and crisis in medical malpractice which stimulates new research and a review of laws and the reforms previously implemented (Sloan & Chepke, 2007). Stages of Malpractice, The Impact and Case Example A medical malpractice is a type of tort that is considered negligence instead of intentional because the medical provider did not intend on harming the patient (Harris, 2014). In the event that a patient is injured or claims to be injured by a medical professional while under their care the individual has the right to file a lawsuit. There are different stages of a malpractice lawsuit and the impact regardless of the outcome can have a significant impact for the provider and health care organization (Gart, 2008). In a medical malpractice lawsuit, the patient must prove the provider was neglectful. A medical provider ’ s intent is not to harm his or her patient, however there are times that mistakes happen and cause severe damage. When a patient has been harmed by a provider whether by receiving treatment, incorrect diagnosis or carelessness and they intend to file a medical malpractice suit, the patient should first contact the provider to see if
they can correct the error. If the medical provider is not willing to try and resolve the situation, the patient does have the option to contact the medical board. The medical board has no jurisdiction or capability to give the patient compensation for any injury, but they can contact the provider and issue the appropriate warning or correction. At this point if the patient has not been able to reconcile the issue with the provider they should check their individual state laws regarding the statute of limitations (Gart, 2008). Each state may have different statute of limitations (Arizona State Senate, 2010). The next step after this for the patient is to consult another medical provider to confirm that the original provider strayed from the standard medical practice which caused the injury and the last stage for the patient is to find an attorney who handle who specializes in these types of cases. Once the patient finds an attorney, he or she will
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- Fall '14
- Physician, Medical malpractice