No room for doubt that medical malpractice is an extremely important issue not only nowadays but also since years .The word medical malpractice is derived from the Latin word “mala prakis”. It is defined as any legal actions done by health care personals and causing any harm to the patient. (Hedlaw,2017). Stratton v.swan lond was the first case of medical malpractice which done in 1374,suffering from hand deformity. The first medical malpractice law suits was in US in 1794 (leonard,2003) and (moher,2000). Medical malpractice is the third cause of death in US. Most Medical malpractice cases occurs due to the failure of heath care provider and there negligence of the patients in addition to the unsafe usage of measurements and tools. Medical malpractice occurs also because the of the leak of communication between the health care providers and patients ,that leads to misdiagnosis so the health care providers cannot cure the patients.
Doctors are responsible of 60% of causes of medical malpractice ,(Anderson,2017). Bad communication forms big percent in causes of medical malpractice and the error can be developed to serious problems occurs during surgeries also not diagnosis only which lead to the death of many victims.(Copplo and Gearge,2017). As the bad communication is the most common cause of medical malpractice, so the good communication is the main solution to break down the chain of medical malpractice . To make communication more effective by; any data should be written carefully and always obtain an inform consent from the patient .(Rapp,2014).Another solution to avoid medical malpractice is dealing with patient by the school said “put yourself in your patient’s shoes”. This will also make a tight doctor patient bond.
the medical care providers this may be due In spite of the simplicity of these solution they are not done perfectly by the medical by to the great load over the doctor due to plenty of responsibilities in short duration.
The doctor has to examine large number of patients with all steps of examination and history tacking tells diagnoses and treatment. The doctor works for hours continuously and this environment makes him under severe pressure , stress and tired effecting the quality of service he does. ( Miyake, 2001).
Medical malpractice has Uninformed verdicts from medical malpractice law suits and therefore the rising value of medical insurance ar thought to contribute to the high value of treatment. this can be as a result of they force doctors to observe defensive drugs by ordering additional tests and procedures to shield themselves within the event of a proceedings. the quantity spent on these precautions, legal fees, claims, and unlimited injury awards conjointly mirror within the rising value of treatment that intern is passed all the way down to the patients.
Today patients are getting additional litigious as a result of there ar several lawyers luring you in, with advertisements back-geared towards lawsuits for medical malpractice. Most of the time malpractice suits encompass falsified allegations, seen by most of the people as abusing the system. additionally to those embarrassing lawsuits, plaintiffs ar awarded giant amounts of cash for damages as a result of there are not anycaps on court awards. The will increase in malpractice suits have affected the health care system thanks to the rig injury awards paid out by the physicians, that causes the speed of medical insurance to extend.
In this case, malpractice refers to Negligence or misconduct by a health care employee like a medico. The failure to fulfill commonplace typical regular customary} of care or standard of conduct that’s recognized by this profession reaches the amount of malpractice once a patient is slashed owing to an error created. for instance, the physicians are less attractive with patients out of concern of being sued for malpractice inflicting patients to be less fourth returning with sure data that might forestall errors in treatment.
In us there are severing problems like , misdiagnosis embody misdiagnosis of cancer, misdiagnosis of a stroke, misdiagnosis of a attack, misdiagnosis of AN infection, and infectious disease misdiagnosis. for instance, if a stroke is misdiagnosed, the brain are starved of element for AN extended amount of your time, inflicting permanent brain and nerve harm. a number of the results of a stroke include:
Paralysis on one facet of the body;
Diminished capability to talk or perceive speech;
Reduction in motor skills;
Reduction in mental capacity;
Reduction in senses.
Doctors’ teams, patients, and insurance corporations have criticized medical malpractice judicial proceeding as overpriced, adversarial, unpredictable, and inefficient. They claim that the price of medical malpractice judicial proceeding within the us has steady exaggerated at virtually twelve p.c annually since 1975. more moderen analysis from constant supply has found that actus reus prices as a proportion of gross domestic product born between 2001 and 2009, and area unit currently at their lowest level since 1984.Jury finding analysis, a information of litigant and defense verdicts, says awards in medical liability cases exaggerated forty three p.c in 1999, from $700,000 to $1,000,000. However, more moderen analysis from the U.S. Department of Justice has found that median medical malpractice awards in states vary from $109,000 to $195,000.
These critics assert that these rate will increase area unit inflicting doctors to travel out of business or move to states with a lot of favorable actus rues systems.
Not everybody agrees, though, that medical malpractice lawsuits area unit alone inflicting these rate will increase.A 2003 report from the final Accounting workplace found multiple reasons for these rate will increase, with medical malpractice lawsuits being the first driver.Despite noting multiple reasons for rate will increase, the report goes on to state that the “GAO found that losses on medical malpractice claims-which form up the biggest a part of insurers’ costs-appear to be the first driver of rate will increase within thelong-standing time.” more moderen knowledge has indicated that medical malpractice rates area unit usually not rising. In 2011, knowledge pooled from the business by the publication Medical Liability Monitor indicated that medical insurance rates had declined for four straight years. The decrease was seen in each states that had enacted actus reus reform and in states that had not, leading actuaries acquainted with the information to recommend that patient safety and risk management campaigns had had a a lot of vital impact.
Medical malpractice is an old crisis that was found hundreds of years ago. It`s a disaster not only for the patient but also for the health care provider how will be exposed for the legal liability and their future will become at a risk. Many causes are documented for medical malpractice. The bad communication is on the top, another causes are misdiagnoses and bad treatment to prevent this disaster.
Medical care provider should do perfect communication with patient and with themselves. An informed consent should be obtained and the doctor may follow the rule of being on patient`s shows.
To apply these solutions a harmony between the health ministry, the hospitals` mangers, the doctors and the whole health care provider is a must. Experts worldwide can help at training health care provider. Successful experiments can be studied also. (Dr. Fagel ,1982).
*Hedlaw,proving a medical malpractice case ,physician’s weekly,2017
*leonard barlin, mal practice issues in radiology ,AJR,181:1481- 1486.-2003
*J.c moher,Amerizan medical malpractice in historical prospective, JAMA,283,2000.
*Naomi Anderson , Abrief history of medical malpractice ,physician science,2017.
*copple and George, medical malpractice ,no fault symptoms ,office of legal research ,2017.
*Adam Rapp,10 simple tips to avoid malpractice claims,medical education,2014
*s.miyake,controlled and prevention of medical malpractice ,JAMA,44:325-334,2001.