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Role of Risk Management in Medical Malpractice
The role of risk management in the health care industry begins with many preventative actions. One of the most argued and sensitive subjects in the last decade has been that of medical malpractice. Severe bleeding during operations, breathing problems due to incorrectly performed procedures, among other malpractice issues are becoming increasingly popular for legal suits between patients and medical providers. To fight back, medical providers are working to change the legal system (Grady, 2010). One simple questions remains. Is malpractice improving, or are laws simply protecting negligent medical providers?
History of Medical Malpractice
Preventable medical errors kill or injure hundreds of thousands of Americans annually. Of this amount, 98,000 are killed at a cost of $29 billion. Medical errors have become such a large cause of death that the Centers for Disease Control has claimed it as the sixth leading cause of death in America. Approximately one out of every three Americans has either experienced or has had family experience medical negligence, making the problem an epidemic, according to University of Pennsylvania law professor Tom Baker (Baker, 2005).
An increase in malpractice lawsuits at the turn of the millennium allowed Americans to fight against medical wrong-doing. However, the medical industry worked hard to change laws to lower malpractice suits. The tort reform, which fought to take legal rights away from patients, made it more difficult for patients to win justifiable damages. Unfortunately, this is growing concern for patients, as it is not resolving the issues, but rather, simply protecting the medical negligence (REFERENCE).
3.0 The Legalities and Patients
Civil justice is helping in the reform against medical negligence. The system provides patients the right to seek compensation...
The risk of ignoring malpractice instead of resolving the issues and taking responsibility is creating an ever-increasing depletion of patient safety and care quality. States that have lower standards are among those that have the worst possible care (CIVIL SYSTSEM)
4.0 Doctors and Defensive Medicine
In response to the ever-increasing malpractice lawsuits, doctors have been ordering unnecessary tests and medical procedures. Though no singular reason has been able to be targeted, two theories are among the most popular beliefs as to why doctors are responding in such a manner (DEFMED).
First, some believe that doctors are providing extra, unnecessary care as an attempt to cover all medical possibilities in the event of a lawsuit. The arguable cost of these extra procedures and tests are likely concluded to lower the liability of the doctor. A more popular theory is that of additional income. The Government Accountability Organization (GAO) found that doctors most often practiced defensive medicine because it meant more income for their practice. It is believed by some researchers that physicians are picking patients and referring them to have profitable procedures done at locations that the physician has financial interest in. Though the government requires the physicians to inform patients of any financial investment prior to their procedures, the American Hospital Association is considering banning the practice altogether to discourage doctors from having financial bias (REFDEF).
5.0 Malpractice Insurance
Malpractice insurance has been the target of risk management during the health reforms. Caps have been placed on many types of medical lawsuits, which are allowing insurance companies to benefit their profit and cause financial strain on the injured. Insurance…
References
American Association for Justice. (n.d.). How the civil justice system protects patients. Retrieved February 15, 2011 from http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8683.htm
American Association for Justice. (n.d.). Preventable medical errors -- the sixth biggest killer in america. Retrieved February 15, 2011 from http://www.justice.org/cps/rde/xchg/justice/hs.xsl/8677.htm
American Association for Justice. (n.d.). The truth about "defensive medicine." Retrieved February 15, 2011 from http://www.nytimes.com/2010/11/25/health/research/25patient.html?ref=malpractice
Baker, T. (2005). The medical malpractice myth. Chicago: University of Chicago Press.
Grady, D. Study finds no progess in safety at hospitals. Retrieved February 15, 2011 from http://www.nytimes.com/2010/11/25/health/research/25patient.html?ref=malpractice
Ramshaw, E. (2010, December 10). State's tort reform makes lawyers wary of taking on patients. Retrieved February 15, 2011 from http://www.nytimes.com/2010/12/19/us/19tttort.html?_r=1&ref=malpractice&pagewante d=all
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