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The Pros And Cons 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 sight 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 that will help contain health care costs” (Kindy). Doctors are constantly afraid and fearful that they will get sued for reasons that they can not explain. No doctor is safe from lawsuit abuse (Pear). Lawmakers understand this and they wanted to begin to put regulations on …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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Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.

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It brought a malpractice action was against Grant’s negligence of performing the operation on the duodenal ulcer. The second issue is whether the physician is under duty to inform and receive consent from the patient about the disclosed risks of a treatment plan before proceeding with it. Facts of the Case: Ralph Cobbs was diagnosed with a stomach duodenal ulcer and it was concluded that a surgical

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Medical Malpractice Case Study Karen Gonzalez Southern New Hampshire University The case of Smith vs. Haugland and the Iowa Heart and Vascular Clinic is a medical malpractice case in which the parties involved include the plaintiffs, a woman named Louetta Smith and her husband Richard and the defendant, a cardiologist named Dr. Frank Haugland and the clinic in which he practiced, the Iowa Heart and Vascular Care Clinic. The plaintiffs sued for malpractice after the defendant performed a procedure on Louetta in which she had complications and irreversible life changing harm. The plaintiffs believed that the defendant performed an unnecessary procedure and that he did not obtain an informed consent. Louetta Smith was 76 years

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When examining the case of the State of California against Dr Zhou, we can clearly conclude that the HIPAA law of which was convicted of violated is not just words written on paper to buy patients' confidence, it is meaningful law set in place to protect patient privacy and any ones violating this law, regardless of your position in the health care field can be persecuted punished for violating the law, even in the absence damages evidence resulting from the violation of the law. The purpose of this post is to discuss the case of the State of California against the physician, Dr Huping Zhou, in this post I will review the HIPAA law, penalties for violation of the law and why I felt that Doctor Zhou was very fortunate for his punishments four

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Md lawful system additionally helps make their own courts to adopt more common law doctrine of combined and some liability in the event along with multiple defendants. Under combined and some liability, every accused may be held responsible for the complete volume of wisdom presented, irrespective of his/her wrong doing inside the harm. Md Asbestos Litigation - Recent suggestions Copland along with Alford sixth v. Sparrow 's Position Aluminum Mill (Bethlehem Steel): Some sort of Baltimore County World Court granted an overall total of $3. 925 million towards properties of loved one braking system staff inside the primary braking system asbestos case with Md Seeker sixth v. Owens-Corning Fiberglas: Some sort of Baltimore Area jury granted $4.

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This cartoon is represents the inefficiencies of a fully government funded health care system. People who are willing to pay for quick treatment are denied the opportunity due to socialist policies placed by provincial and federal governments that encroach on our health care system. The individual waiting is being forced to have delayed treatment despite the fact they are willing to pay for their own procedure. A two tier system would allow for people to have treatment regardless of income however people willing to pay for faster treatment of would be given the option. Socialized medicine undermines the personal liberty of

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It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.

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This coming year the United States will elect a new President. One amazing candidate that comes from my home state Texas is Governor, Rick Perry. He deserves your vote because of what he has done for Texas. Rick Perry has improved people’s health in Texas, and has great plans for health insurance in Texas, that can be established in the United States. He has also made the communities in Texas safer and can do that as well to the United States.

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Health Care Law: Tort Case Study Carolann Stanek University of Mary   Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.

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The court found the “Defendant's care of Claimant fell below acceptable standards of practice” (Stashenko, 2015). In 2009 a former inmate of the Hawaii corrections department was awarded close to $1 million in damages for an incident in 2003, in which the physician’s failure to give the correct type and dosage of antibiotic for an infection in his scrotum. This resulted in 6 subsequent surgeries and the removal of his scrotum, rendering him

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According to the United States Department of Health and Human Services the Health Insurance Portability and Accountability Act was created in 1996 to protect patient’s information as it is being used to create a higher quality of care for the individual. HIPAAs biggest aspect is the creation and management of electronic medical transactions. When we think of HIPAA we normally think mainly about patient documentation, but HIPAA includes coding. The Medical Coding and Billing Organization tells us that HIPAA’s effect covers to almost every part of the medical billing process, from how records are kept and retrieved to how codes are used in generating claims. Ethics in Medical Coding is the same ethics that cover everything else.

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Western medicine is increasing the lives of many in different ways using advances in the medical field. Western medicine is the process of looking at the body like a machine it finds a problem and fixes that problem. Today Western medicine is superior and eastern medicine is considered taboo. Eastern medicine looks at the body as a garden and instead of giving you medication they try to start at the root of the problem by talking about what's going on in your life. Medicine started in 3300 BC, During the stone age, they would use herbal medicine.

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But not everything is fun and entertainment, being in a surgery is an immense responsibility. The life of a person is in the hands of the surgeon and any mistake he makes can cause tremendous problems. Neil Kokemuller, the author of “The Hazards of Being a Doctor” states, “A major financial hazard for doctors is increased risks of malpractice lawsuits. Doctors in many specialty areas face the unfortunate prospect of getting sued by a patient or family if they make a mistake, or even if they don't, but the results can be bad.” (Add citation after quote)

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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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1017 Words | 5 Pages

A tortious liability is a civil wrong, which arises from the breach of a duty primarily fixed by law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages. One of the liabilities under tort law is negligence which is one of the most common liabilities casted upon medical professionals. Such a liability draws upon unliquidated damages, which are damages not previously determined and are to be decided by the court based upon the particular facts of the case. It is in this very manner, that, the victims of medical negligence are compensated and also this is where the medical fraternity is abused upon by filing for frivolous legal suits.

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