Medical Malpractice Definition
Medical malpractice is a big problem in the health industry. Annually it causes hundreds of thousands of deaths and thousands more suffer minor to major medical problems. They may last for a short period of time or may have lifelong implications. These instances can be brought to litigation, where the injured party may receive lucrative award amounts to compensate for their inability to function as they did prior to the incident. The rise in incidents, deaths and award amounts have prompted changes in legislation, health costs, insurance coverage and premium amounts.
The Facts
Medical malpractice is a form of negligence where an injury results from a medical professional's or medical facility's failure to exercise adequate care, skill or diligence in performing a duty. According to the Journal of the American Medical Association (JAMA), more than 225,000 people die each year in the United States due to medical malpractice. This is the third-leading cause of death behind heart disease and cancer. Also according to JAMA, eight out of 11 dental cases were decided against the dentist over a period of nine years and 6 to 10 percent of psychiatrists were found to have had sexual contact with their patients.
Types
Several medical conditions or improper procedures qualify as an episode of medical malpractice. Problems arising from delivery of birth such as hypoxia (lack of oxygen), placenta abruption, documented misreading of baby sizes and noticing fetal distress have led to severe medical conditions, including cerebral palsy, erbs palsy and other brain damage to infants. Surgical errors, failure to diagnose or treat conditions and medication errors are also common types of medical malpractice. Wrongful death is the ultimate consequence of health professional's or hospital procedural errors.
Misconceptions
Although class action and individual lawsuits primarily affect those on both sides of the claim, the ramifications from the decision will filter down to others who were not involved. The rise in judgment amounts has prompted insurance companies to raise malpractice insurance premiums on doctors and health institutions. The increased costs are then passed on to patients and customers through higher fees for medical services. This cycle is currently being addressed as some states, such as California, have imposed a cap on award amounts in malpractice lawsuits.
Causes
There are many causes that contribute to the high number of medical malpractice incidents. The Journal of the American Medical Association found that errors committed in the emergency room account for nearly half of all documented malpractices. Several factors contribute to this including confusion, undertrained medical professionals and under staffed and over populated conditions. Medications also play a huge role in malpractice cases as approximately 106,000 deaths annually are a result of adverse effects from taking drugs that were not prescribed in error, however 7,000 are a result from faulty applications from skill health workers.
Warning
It is recommended that you seek legal advice if you feel that you are a victim of medical malpractice. Some malpractice incidents have left patients with disabilities that cause them to be unable to work and earn a living. Between $17 billion and $29 billion are the estimated cost of victims' health, disability and personal care, loss of income and household production, according to JAMA. If you are looking to file and get compensated, there may be a statute of limitation and the window of time to file after an incident varies by state.
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www.ncbi.nlm.nih.gov NCBI LiteratureNov 26, 2008 Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice ...
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