Medical Malpractice Problem in the World

Words: 1387
Topic: Health & Medicine
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Introduction

Nurses, doctors, clinicians must use appropriate strategies whenever supporting the health needs of their patients. These professionals should analyze the implications of various medical standards and practices. Failure to support the health expectations of different patients will result in medical malpractices.

Such malpractices occur “when a medical professional fails to perform his or her healthcare duties and roles in a proper manner thus harming the targeted patient” (Burkle 327). The “practice usually falls below the stipulated standard of practice” (Burkle 328). Medical malpractices are preventable social problems that increase medical costs and eventually cause injuries to many patients. This paper offers a detailed analysis of medical malpractice as a major social problem in the world.

Background Information

History of Medical Malpractice

According to Cannon (12), “medical malpractices have been experienced in the universe for many centuries”. Such malpractices have always occurred whenever there are wars and societal conflicts. However, the first recorded medical malpractice took place in 1374. This malpractice resulted in the “Stratton v. Swanlond” case of 1374.

This case was unsuccessful due to a number of procedural issues. The agreeable fact is that the case transformed the laws governing the relationship between patients and their healthcare providers. This development encouraged more doctors to exercise the best care. The “first medical malpractice case in the United States took place in 1794” (Murphy 2). The court awarded the plaintiff 40 Pounds. Early malpractices “were breached contracts” (Murphy 2). Such lawsuits encouraged more physicians to embrace better medical practices.

New lawsuits emerged in the 19th century. More people became aware of their medical rights and expectations. The “malpractice crisis” took place between 1840 and 1860 in the United States. The number of lawsuits against medical malpractices “increased by 950 percent during the period” (Murphy 3). Abraham Lincoln (who would later become the president of America) was a leading litigator during the period (Murphy 4).

However, “the agreeable fact is that many physicians lacked the best knowledge and understanding towards dealing with the diseases and challenges that were associated with the human body” (Cannon 12). New lawsuits were also critical towards identifying better standards of practice.

The situation led to the establishment of a new non-governmental organization (NGO) called the American Medical Association (AMA) in 1847. This organization trained and empowered more physicians. The practice made nursing more effective. Many patients “began to receive the best health support from well-educated doctors and physicians” (Murphy 4).

New improvements in medical practices resulted in more lawsuits. This situation occurred because many medical concepts and skills were still underdeveloped. The situation “resulted in new insurance policies to safeguard every physician” (Murphy 3). However, many insurance carriers decided to increase their premiums. The new crisis encouraged medical organizations to create their own insurance plans. New laws and tort reforms “emerged in an attempt to hold physicians accountable for their actions” (Murphy 4).

Analysis of Medical Malpractice

According to Hoffman (16), “over 50,000 patients die every year in the United States due to medical malpractices and errors”. It is also agreeable that the number of deaths is higher in many healthcare organizations. Medical errors have the potential to increase healthcare costs.

Studies have indicated that medical errors can increase the costs incurred by different nursing institutions. Over 15,000 medical lawsuits occur in America every year (Hoffman 17). According to studies, the U.S. records a huge number of unnecessary deaths every year. These statistics are similar to those recorded in other developed nations. Medical malpractices result in numerous health problems in the developing world.

According to Hoffman (17), “over 75 % of healthcare providers and doctors in low-risk facilities face different lawsuits throughout their careers”. The same study also observed that all “physicians working in high-risk environments could face several medical malpractice lawsuits” (Hoffman 17). Although most of these malpractice lawsuits do not result in indemnity payments, the agreeable fact is that they have the potential to affect the lives of many individuals.

A study completed in 2004 observed that “a huge number of malpractices occur in primary care settings” (Burkle 328). Such malpractices are associated with negligence. A huge number of malpractices and errors are also common in various outpatient settings. These statistics explain why medical malpractice remains a major social issue affecting the lives of many individuals.

Medical malpractices and errors can take numerous shapes or patterns. Such errors are critical whenever filing a malpractice claim (Cannon 19). The first medical malpractice occurs when a doctor does not diagnose a specific condition or disease properly.

The second medical malpractice arises from inappropriate treatment for a specific condition or disease. Doctors and physicians must inform their patients about the risks associated with their medical conditions (Burkle 329). Physicians should liaise and cooperate with their patients in an attempt to get the best outcomes.

Individuals should be able to “prove that a patient-physician relationship existed” (Cannon 18). The patient must also prove that the doctor was unable to support his or her health demands. This premise “would prove that the physician committed a medical error” (Hoffman 18). The plaintiff should also explain how the doctor’s negligence and error caused the mentioned injury or death. The “individual should also explain how the injury resulted in mental anguish, extra medical costs, and physical pain” (Burkle 329).

A study by Cannon (17) examined why “medical malpractice lawsuits make it impossible for physicians to undertake high-risk healthcare procedures”. Some caregivers and physicians have outlined new methods f practice in order to reduce the level of liability. It is agreeable that over 90 percent of physicians promote appropriate medical practices. This fact explains why the issue of medical malpractice remains a major concern in different societies.

Medical professionals and scholars have analyzed the impacts of various errors and malpractices in different healthcare settings. Medical malpractices will result in both indirect and direct expenses. Physicians have identified the relevance of Defensive Medical Resources (DMR) towards dealing with such errors.

This strategy increases the costs incurred by different healthcare facilities. According to Hoffman (18), “over 10 percent of medical costs are spent of lawsuits in the United States”. Future reforms and jurisdictions will therefore be critical towards dealing with the problems associated with medical errors.

Many individuals have encountered several medical malpractices. Such malpractices occur whenever physicians diagnose various diseases poorly. These malpractices results in wrong treatment regimes. This situation explains why “doctors must consider the best practices and strategies towards dealing with these issues” (Burkle 330).

A Group Dealing with Medical Malpractice

The American Bar Association (ABA) treats medical malpractice as a serious offense committed by different healthcare providers. Such malpractices result in personal injuries. The organization offers the best support in order to promote the rights of different victims (Hoffman 19). This non-governmental organization has been “on the frontline to fight all forms of medical negligence” (Cannon 20). The organization’s mission is to serve its members equally and redefine the rights of every citizen.

The issue of medical malpractice has become common in every part of the world. Many patients have received inappropriate medical support from various physicians. The above strategy has been meaningful towards supporting the health needs of many patients and citizens.

The organization focuses on different areas that affect many citizens in the United States. The NGO makes sure every government or hospital is accountable for its actions. The NGO executes such strategies in accordance with the law. It also promotes the best legal processes in every corner of the world. This strategy has been critical towards supporting the rights of many citizens (Murphy 2).

Conclusion

The actions taken by different NGOs such as the American Bar Association will be relevant towards dealing with various medical malpractices. The government and other agencies must come together in order to promote the best medical practices. Physicians and caregivers should embrace the best standards of practice. They should address the major issues affecting their patients and communities.

New laws will be critical towards dealing with every form of medical negligence. The society should hold every physician accountable for any medical malpractice. Every society should outline a unique set of laws and standards in order to dealing with different types of medical errors. Patients must communicate with their caregivers in order to reduce the number of errors. These ideas will play a positive role towards dealing with this social issue.

Works Cited

Burkle, Christopher. “Medical Malpractice: Can We Rescue a Decaying System.” Mayo Clinic Proceedings 86.4 (2011): 326-332. Print.

Cannon, Michael. “Performing Medical Malpractice Liability Through Contract.” CATO Working Paper 1.1 (2012): 1-21. Print.

Hoffman, David. “The Medical Malpractice Insurance Crisis, Again.” The Hastings Center Report 35.2 (2005): 15-19. Print.

Murphy, Patrick 2014, The History and Origins of Medical Malpractice Litigation. PDF file.