A growing number of medical malpractice lawsuits in the US have been a focus of many discussions in the medical field and in the media. Settlement costs and damages are really enormous. In California, a Sacramento judge approved the $5.75 million court settlement for the negligence of the doctors and medical staff of UC Davis Medical Center to Cannon Hoops, the person who was born on December 1, 2004 who suffered brain injuries during the delivery. Another jury in California awarded $2.9 million for medical negligence of two doctors resulting from a woman dying from ovarian cancer.
People have rights to file complaints for any errors committed to them or to their loved ones by health providers, whether by ignorance or by accident. However, it is a must to establish first that a medical malpractice has been done based on malpractice definition. There is also a certain period of time before one can file a lawsuit so a legal consultation is advised to make the necessary action.
A complaint will be delivered to the health provider or institution being sued, known as the defendant and the complainant will provide the defendants a certain period of time notice, usually at least 90 days that a malpractice action will be initiated. A defendant should file an answer with the court and may either challenge or deny the allegations.
Complainants and defendants will learn all about the affidavits of allegations and defenses as ordered by law including statements of other witnesses. Interrogations would be done by attorneys of both parties and there exist court’s discovery rules in order resolve the disputes. The discovery process usually takes time, either a few months or years depending on the urgency of the case and availability of evidences or witnesses.
Both parties may settle the dispute during the proceedings before a case comes to a trial. The health provider may either offer to settle a lawsuit or accept the complainant’s demands. This should be done in consultation with his lawyer and insurance company as this is a complicated issue. The health provider should have insurance and he should have a written permission for the insurer in order to settle the case. According to Jury Verdict Research, from the period 1994 to 2000, the settlement cost median for physician malpractice and hospital malpractice were $375,000 and $300,000 respectively.
If the case will be subjected to trial and if the jury finds the health provider guilty of medical malpractice, the extent of damages will be assessed by court. Medical malpractice trial normally lasts for up to two or three weeks. A losing party may still appeal for retrial.
Showing posts with label medical malpractice lawsuits. Show all posts
Showing posts with label medical malpractice lawsuits. Show all posts
Thursday, October 15, 2009
The Issue on Medical Malpractice
The worst thing that could probably happen to one’s medical profession or health care provider is to have a record of medical malpractice or medical negligence. This means that one has failed to exercise the accepted standards of medical practice and caused injury or wrongful death of a person. Health care provider maybe a doctor, hospital or clinic, nurse or other licensed individual or unit that provide medical care or treatment.
We are all dependent to our health care providers for our health care and especially in times of our illnesses or health problems. However, errors anywhere happen just like in any other professions or entities and if this is committed to a person whether by accident or ignorance the good relationship and trust are broken and the reputation of a health care provider is at stake which may also lead to an end of his career or status.
With the growing number of medical malpractice lawsuits every year, the medical malpractice insurance became a must or requirement for professionals as a health care provider. They have to take proper precautions in order to lower risks involved in their profession and protect their livelihood.
The cost of medical malpractice insurance for doctors or those with medical specialties vary based on states or locations. Unfortunately, the rate also rose beginning this decade affecting lots of those in the medical profession. Rate increase was primarily due to the growing size of claims especially in the urban areas.
The high malpractice insurance premiums have reduced the supply of doctors in some fields and also the services. Some chose to leave their profession and settled to a low risk occupation. According to new University Michigan Health System research, the number of doctors entering to medical specialties like obstetrics and gynecology dropped as well as the services they offered. This may therefore impact the supply of such practitioners in the future especially in those states where the insurance rates are so high.
The issue on the rising cost of malpractice insurance has been the focus of many discussions especially among health professionals and this is something that needs careful study and solution. The people are concerned about their safety but we also need our health professionals who will take good care of us and provide quality services.
We are all dependent to our health care providers for our health care and especially in times of our illnesses or health problems. However, errors anywhere happen just like in any other professions or entities and if this is committed to a person whether by accident or ignorance the good relationship and trust are broken and the reputation of a health care provider is at stake which may also lead to an end of his career or status.
With the growing number of medical malpractice lawsuits every year, the medical malpractice insurance became a must or requirement for professionals as a health care provider. They have to take proper precautions in order to lower risks involved in their profession and protect their livelihood.
The cost of medical malpractice insurance for doctors or those with medical specialties vary based on states or locations. Unfortunately, the rate also rose beginning this decade affecting lots of those in the medical profession. Rate increase was primarily due to the growing size of claims especially in the urban areas.
The high malpractice insurance premiums have reduced the supply of doctors in some fields and also the services. Some chose to leave their profession and settled to a low risk occupation. According to new University Michigan Health System research, the number of doctors entering to medical specialties like obstetrics and gynecology dropped as well as the services they offered. This may therefore impact the supply of such practitioners in the future especially in those states where the insurance rates are so high.
The issue on the rising cost of malpractice insurance has been the focus of many discussions especially among health professionals and this is something that needs careful study and solution. The people are concerned about their safety but we also need our health professionals who will take good care of us and provide quality services.
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