Medical Malpractice Essays (Examples)

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..bad investment choices, in addition to the underwriting cycle, have led to dwindling profits for insurers, who then try to recoup their losses through over-priced insurance products. Lawyers and consumer groups generally support efforts to reform the insurance industry in order to rein in premiums." (Cohen, 2005)
The work of Miller (2003) entitled: "Liability for Medical Malpractice: Issues and Evidence" states that over the past "...several years" witnessed has been an increase of a considerable nature in both the cost and the impact of "medical malpractice litigation." Miller states specifically that "...between 1994 and 2001, the typical medical malpractice award increased 176% to $1 million. The result has been higher malpractice insurance premiums for health care providers, which in turn has led to higher costs for the health care system as well as reduced access to medical services. In 2001, total premiums for medical malpractice insurance topped $21 billion, more than….

Medical Malpractice Myth
PAGES 5 WORDS 1565

Medical Malpractice Myth eview
A summary of the book

The Medical Malpractice Myth authored by Tom Baker, tackles the complex subject of medical malpractices in an insightful and concise manner. Mr. Baker is an accomplished professor of law who specializes in Insurance and Tort Law. In the first few pages of the book, Mr. Baker, lays out the myth; i.e. that an unprecedented number of people are filing medical malpractice lawsuits and that lawyers and their clients are reaping hundreds of thousands if not millions of dollars in unjustified awards, while medical doctors are struggling to pay huge insurance premiums which have already forced some to close their practices (Noah, 2005).

The book is written in eight chapters. In the first chapter, Baker lays out the myth and provides plenty of evidence to its contrary. He then points his readers to the real problem that is facing the health care industry; i.e. not….

However, Carol's use of the Internet for personal matters during the workday is also an example of how mixing work and personal matters can make it difficult for employees to get along. All workers should be reminded of the need to exercise good judgment and to keep work and personal matters separate. They should be referred to the relevant company policies in the employee handbook, if necessary. Bob in particular should receive additional sensitivity training in appropriate workplace behavior from an HR counselor. This type of incident should be a 'red flag' about the need for company-wide awareness about what constitutes harassment to avoid similar trouble in the future.
Scenario 5 Parking Dispute

Bert and Ernie live in the same condominium building, which has an owner's association and a resident manager. Each condo owner gets one parking space, but the spaces are not assigned.

Bert's perspective: For some reason, Ernie doesn't respect….

Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be answered in relation to the agency theory in determining the role of Dr. Williams in this encounter (Tenn Ct App 1970).
The article also focuses on reviewing the case of Edmands v. Chamberlain Memorial Hospital in the context of 1978. The case was against the hospital following the death of the plaintiff's husband having been taken to the emergency department of the hospital. Following deterioration of the health conditions, the patient was taken to the hospital the next day, which resulted into execution of an emergency surgery. Plaintiff's husband died in the course of the operation. According to the hospital, Dr. Loftis was never an employee to the institution, but a staff physician (Tenn Ct App 1937). The court stated the presence….

legal issue and that pertains to respiratory care. As part of this article review, the author will give the purpose of the article, will answer as to why it is important to investigate the subject of the article, how the author(s) of the article carried out the task, the findings the article came, whether those findings were clearly stated and how much of article applied to the profession in which the author of this report works. While the author of this report has not been in any legal predicaments related to the field of respiratory care, it is indeed the field in which the author works.
The article that will be basis of this article review was published in 2001 and was found by the author of this report via an EBSCO search. As was requested and required by the assignment, the subject of the report is indeed one that….

Medical Malpractice/Frivolous Lawsuits
The Effect of Medical Malpractice/Frivolous Lawsuits on Healthcare

The costs of medical malpractice insurance are rising yearly. These expenses affect medical practitioners in a number of ways, including such things as from where they choose to practice medicine, to the number of tests and types and medical procedures ordered. Many doctors in various specialties are aware that the laws and regulations that govern malpractice insurance vary from state to state. Since the averages fluctuate dramatically a doctor will sometimes choose a location in which to practice based on malpractice insurance costs (Writing, NDI).

There are a number of factors that give rise to these variations among states, each individual insurer sets its own premiums for medical malpractice insurance, and these are based on incidents of litigation and other general assessments of the risk pool. This means the insurance companies providing insurance within the state look at the potential for lawsuits….

Health Care
The objective of this study is to discuss medical malpractice and to support the opinion that this is in need of a reform.

Many people die each year from medical errors and many others are seriously injured. It is reported that the Institute of Medicine's (IOM) "seminal study of preventable medical errors estimated as many as 98,000 people die every year at a cost of $29 billion." (American Association for Justice, 2011, p. 3) It is additionally reported that were the Centers for Disease Control (CDC) to "include preventable medical errors as a category, these conclusions would make it the sixth leading cause of death in America." (American Association for Justice, 2011, p. 1) In addition, it is reported that the Congressional udget Office (CO) states findings that "there were 181,000 severe injuries attributable to medical negligence in 2003 The Institute for Healthcare Improvement estimates there are 15 million….

Human esources
Medical malpractice litigations have become very common these days. Perhaps this could be because of the healthcare reform that is characterized with legal and regulatory issues. Confidentiality is an integral part of this reform (National Institute of Health, 2007). States Laws relating to privacy of health information that are inconsistent with the rule are overridden by Privacy ules. However, those not contrary to the Privacy ule have remained in force and effect (National Institute of Health, 2007).

There are circumstances when States Laws cannot be overridden by Privacy ule especially when it comes to State Laws that relate to privacy of individually identifiable health information. State laws the provide for reporting of disease or injury, child abuse, birth or death, conducting public health surveillance cannot be overridden by the Privacy ule (National Institute of Health, 2007). State Law here means a constitutional provision, a statute, a regulation, rule, or common….

ole of isk 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….

Current interest rates are 5% and the contract rate is 5%. The value of the contracted payment is $50,000. Should interest rates increase, there would again be a danger in the loss of potential funds, as the fixed rate agreement (i.e. The contract rate) would then be of a lower value than other potential interest earning activities.
c.

The next annual payment on an 6% interest rate cap on a notational amount of $1 million if current rates are 8%. The payment would be 2% of $1 million, or $20,000. If the interest rate drops below 6%, however, no payment will be made at all, and any drop in the interest rate as of the day of the contracted payment -- even a sudden drop limited to that day -- would result in a reduced or potentially vanished payment.

12.

Given the following yields on U.S. Treasuries, determine the spot rates and one-year….


According to the work of Fulford (1994) in an Oxford Practice Skills Project eport "Three elements of practice (ethics, law and communication skills) are approached in an integrated teaching programme which aims to address everyday clinical practice. The role of a central value of patient-centered health care in guiding the teaching is described. Although the final aim of the teaching is to improve the actual practice, we have found three 'sub-aims' helpful in the development of the programme. These sub-aims are: increasing students' awareness of ethical issues; enhancing their analytical thinking skills, and teaching specific knowledge. (Hope, 1994)

In the work of Miles, et al. (1989) entitled "Medical Ethics Education: Coming of Age it is stated that "medical ethics education is instruction that endeavors to teach the examination of the role of values in the doctor's relationship with patients, colleagues and society. It is one form of a broad curricular effort….

Medical malpractice is defined as "any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient" (Bal, 2009, p.340). Notability, while Bal (2009) defines this in the context of physicians, it is also important to realise that other medical practitioners, such as nurses, dentists, pharmacists, and occupational therapists, can also be subject to malpractice suits. The risks associated with an accusation of malpractice remain high, for example, in a recent report it was found that doctors in low risk specialty areas had a 75% chance of facing a malpractice claim, whereas those is high risk specialities had a 100% chance (Seabury, Lakdawalla, and Chandra, 2011). However, the incidence level of paid claims is reducing; in 2014 there were a total of 11,922 claims, a 4.3% decrease on the preceding year (Gamble,….

Malpractice cases are not filed against physicians alone, there can be occasions during regular patient care that a nurse might come under attack for failure to follow standards of care and this can result in a malpractice case. The six elements on malpractice as are follows:
Duty:

This refers to the relationship that the nurse has with the patient or in other words, it needs to be established that the nurse has the duty to provide care as the patient demanded. "Duty is the obligation of due care owed by one person to another as appropriate for the circumstances and as may be dictated by the law." (Sharpe, p. 18) The plaintiff must establish that the defendant had a legal obligation to provide expected care.

Foreseeability:

This refers to the link that is expected to exist between nurse's actions and the injury caused. In other words, the results of nurse's action should be foreseeable….

Ethics Case Study: Medical Law and Ethics
Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all of the phone calls at the office while the receptionist is at lunch. During this period of time, a patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. The patient notes that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time.

Does Jerry's Medical Training Qualify Him to efill the Order?

While Jerry's medical training qualifies him to receive a prescription order and transcribe it accurately for other nurses or physicians to implement or transmit to a….

Health Care Situation: Medical Error Due to Doctors' Bad Handwriting
Identify a health care news situation that affects a health care organization such as a hospital, clinic or insurance company.

I have identified the following health care news situation as the topic of my paper: "Poor Handwriting of Doctors and its implied risks for the Patient, Hospital and Medical Malpractice Insurance." Poor handwriting of physicians resulting in poor legibility of entries into patients' medical records carries very dramatic risks for all above-mentioned interest bearers. It can result in severe health danger for the patient and - in extreme situations - even cause a patient's death. Doctors' bad penmanship has long been seen a problem within organized medicine and the patient safety movement. Three American Medical Association (AMA) policies dating back to 1992, urge doctors to "improve the legibility of handwritten orders for medications" and review all orders for accuracy and legibility after….

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5 Pages
Thesis

Healthcare

Medical Malpractice and Liability the

Words: 1402
Length: 5 Pages
Type: Thesis

..bad investment choices, in addition to the underwriting cycle, have led to dwindling profits for insurers, who then try to recoup their losses through over-priced insurance products. Lawyers and…

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5 Pages
Book Review

Health

Medical Malpractice Myth

Words: 1565
Length: 5 Pages
Type: Book Review

Medical Malpractice Myth eview A summary of the book The Medical Malpractice Myth authored by Tom Baker, tackles the complex subject of medical malpractices in an insightful and concise manner. Mr.…

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3 Pages
Essay

Careers

Medical Malpractice Players Attorney for

Words: 1133
Length: 3 Pages
Type: Essay

However, Carol's use of the Internet for personal matters during the workday is also an example of how mixing work and personal matters can make it difficult for…

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10 Pages
Article Review

Health - Nursing

Medical Malpractice and Respondeat Superior

Words: 2917
Length: 10 Pages
Type: Article Review

Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be…

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4 Pages
Essay

Health - Nursing

Medical Malpractice Examples & Trends

Words: 1233
Length: 4 Pages
Type: Essay

legal issue and that pertains to respiratory care. As part of this article review, the author will give the purpose of the article, will answer as to why…

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2 Pages
Essay

Healthcare

Problem Facing U S Health Care System Concerned Medical Malpractice Frivolous Lawsuits Driving Practitioners Medicine

Words: 756
Length: 2 Pages
Type: Essay

Medical Malpractice/Frivolous Lawsuits The Effect of Medical Malpractice/Frivolous Lawsuits on Healthcare The costs of medical malpractice insurance are rising yearly. These expenses affect medical practitioners in a number of ways, including…

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5 Pages
Term Paper

Healthcare

Reform and Medical Malpractice

Words: 1452
Length: 5 Pages
Type: Term Paper

Health Care The objective of this study is to discuss medical malpractice and to support the opinion that this is in need of a reform. Many people die each year…

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2 Pages
Essay

Healthcare

Human Resources Medical Malpractice Litigations Have Become

Words: 675
Length: 2 Pages
Type: Essay

Human esources Medical malpractice litigations have become very common these days. Perhaps this could be because of the healthcare reform that is characterized with legal and regulatory issues. Confidentiality is…

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4 Pages
Essay

Healthcare

Role of Risk Management in Medical Malpractice

Words: 1108
Length: 4 Pages
Type: Essay

ole of isk 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…

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2 Pages
Term Paper

Economics

Financial Probs a Medical Malpractice

Words: 498
Length: 2 Pages
Type: Term Paper

Current interest rates are 5% and the contract rate is 5%. The value of the contracted payment is $50,000. Should interest rates increase, there would again be a…

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8 Pages
Term Paper

Teaching

Medical Skills Needed to Be

Words: 2203
Length: 8 Pages
Type: Term Paper

According to the work of Fulford (1994) in an Oxford Practice Skills Project eport "Three elements of practice (ethics, law and communication skills) are approached in an integrated teaching…

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2 Pages
Essay

Drama - World

An Explanation of Malpractice in Medicine

Words: 839
Length: 2 Pages
Type: Essay

Medical malpractice is defined as "any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and…

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2 Pages
Essay

Health - Nursing

Malpractice Cases Are Not Filed Against Physicians

Words: 565
Length: 2 Pages
Type: Essay

Malpractice cases are not filed against physicians alone, there can be occasions during regular patient care that a nurse might come under attack for failure to follow standards of…

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4 Pages
Case Study

Healthcare

Ethics Case Study Medical Law and Ethics

Words: 1239
Length: 4 Pages
Type: Case Study

Ethics Case Study: Medical Law and Ethics Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling…

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6 Pages
Essay

Healthcare

Health Care Situation Medical Error Due to

Words: 2468
Length: 6 Pages
Type: Essay

Health Care Situation: Medical Error Due to Doctors' Bad Handwriting Identify a health care news situation that affects a health care organization such as a hospital, clinic or insurance company. I…

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