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Examples Of Medical Malpractice

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There were 127 medical malpractice cases in Pennsylvania last year. An example of these cases could be an exploratory surgery to diagnose a patient and the incision became infected because the patient failed to clean the incision site properly. Seems to me that the doctor was just doing his/her job but in the end, he/she got sued. Medical malpractice can be described as an act or omission by a doctor or physician that lead to the harm of a patient (Kindy). Certain laws and bills have been put in place to discourage people from suing doctors for problems that are completely out of the doctor’s hands. The AANS, American Association of Neurological Surgeons, states that a “Bill is common sense, proven, comprehensive medical liability reform …show more content…

An example of contributory negligence is when a patient does not fully disclose their medical history (“Contributory Negligence…”). If a patient does not fully disclose his/her medical history, then the doctor could prescribe something that could cause an allergic reaction, or treat him/her for something and end up harming them. There is a certain amount of responsibility that falls on the patient that he/she sometimes fails to do (“Contributory Negligence…”). Patients are responsible for informing the doctor of all their medical history, this is an important responsibility of the patient that he/she could fail to do. Patients could sue the doctor and take him/her to trial for an issue caused by the doctor. Caps would create less patients trying to get money when they contribute to the issue (“Contributory Negligence…”). When the cases are brought to trial, the jurors usually look at the case from the perspective of the patient. Patient’s cases are usually highlighted and need to be looked at from the doctor’s perspective too (“Contributory Negligence…”). Every case has two sides; lawsuits are usually looked at from the patient’s side, not the doctor’s side (“Contributory Negligence…”). Doctors are people too and need to be respected and listened to when in court, and in fair ways (“Contributory …show more content…

When looking at medical malpractice lawsuits, they can be classified into a civil or a criminal case. A bill could include the limitation of civil cases, not criminal (Leonard). A bill like this would eliminate the unnecessary lawsuits and focus on cases that involve criminal charges. There is a major difference between civil and criminal cases. Civil lawsuits are based on precedents and principles; does not have written codes and penalties (Kowalczyk, Donnett 65). Criminal cases punish the criminal, in this case, the doctors. Civil cases would just compensate the patient (Kowalczyk, Donnett 68). This would take the confusion out of the medical malpractice cases. Cases that have criminal actions would fall under a criminal case, not civil. For example, sexual assault is different than a medical malpractice case and would be looked at as a criminal case

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