Skip to main content

Studying Medical Malpractice Law



Medical malpractice law is a touchy subject for many, especially those working tirelessly in the medical field. It is, however, an important part of the legal system because it protects the patient from any possible wrongdoing in a medical capacity. While medical professionals are more than adequately trained and there is no reason to fear a visit to your local hospital, there is also comfort to be had in the notion that there are laws that protect you as a patient should something go horribly wrong while in a physician's care.

The Basics of Medical Malpractice Law

Medical malpractice is simply defined as an act or omission of an act by a medical or health care professional that causes injury due to a deviation from the accepted general standards of the healthcare profession and its governing body. Each country has its own individual specifics of medical malpractice law that you should be aware of before making any visits abroad or determining upon any suits in your own country. Being aware of what the law is can make you a dangerous opponent in some of these unfortunate lawsuits.

The English system of law, for example, uses something called the "Bolam test". The Bolam test is a system where, under English tort law, the issue of professional negligence is determined through the demonstration of more than adequate professional skills by the defendant in question. This test effectively proves responsibility by demonstrating professional skills in front of a body of peers who must agree as to the competency as opposed to the deviating opinions of a few. If the professional proves competent through the Bolam test, then the case is likely thrown out or the trial is heavily altered to include the findings.

The United States, on the other hand, has constructed a system of malpractice and negligence laws that do not require any testing. This system fully gives warrant to the fact that incompetence could be an anomaly, meaning it could take place only once, but that once is certainly enough to cause personal injury, bodily harm, and even death. Whereas the English system tends to give more credibility to the professional, the American system tends to side with the plaintiff of the case.

Common Good

One final word about medical malpractice law: The Common Good principle or coalition must be mentioned. Common Good is a coalition of American physicians that are bipartisan. It is an organization that pushes consistently for a set of American malpractice and medical laws that protect all, as the name suggests, for the common good. Common Good aims to restore the fundamentals to American law to protect decisions made by American medical professionals in light of absurd lawsuits.

Popular posts from this blog

Medical Billing Careers

Medical billing careers are among the top contenders of the recent job explosion in the healthcare industry. In fact, the Bureau of Labor Statistics states that it is one of the top twenty occupations in healthcare. Medical billing careers are pivotal to the success of the medical practice. It is often referred to as the doctor's key to getting paid for the services he rendered. Medical billing careers encompass a wide scope and a broad range of responsibilities as it includes front office tasks, among others, in its list of things to do. Nature of Work Success in medical billing careers is not as easy as it is often made out to be by those ads you see in the classified section of the local newspaper or the Internet. Not everyone who enters into one end up rich. Competition is fierce and in the end, the competent ones are the only ones who survive. To achieve some measure of success in medical billing careers, you will need to know all the basic concepts related to the jo...

Advantages and Disadvantages of Electronic Health Record Systems

Hospitals across the US are relying less on papers-based documenation of patient records and operation data, thanks to electronic health record systems. Such systems are primarily designed to allow doctors or other health care provider to have direct access to patient data during appointments. Physicians and other health workers will revert to using "sticky notes" if electronic tools are not available. Electronic health record systems are at the heart of any health office that rely on any computerised information network. Different data include imaging reports, clinic results, consultant correspondence, medicine lists and other chart notes. Doctors can easily focus on issuing medical opinion rather than scouring for unavailable data. Advantage of electronic health record systems * Instant access of all patient information for doctors during visits * A wide array of essential functions should be collected, as a single software will unlikely possess all necessary feat...

The Lawsuit Malpractice Medical State Policy

Lawsuit malpractice medical state insurance differs from state to state. Since 2000, the issues of medical liability insurance costs and medical malpractice lawsuits have been prominent on both state and federal legislative calendars. Lawsuit Malpractice Medical State Policies Medical malpractice laws are maintained at a state level; all states must have some laws governing medical liability lawsuits. Most states however have statues of limitation of two years for standard medical malpractice claims. Some states have limits on damage awards whereas, almost all states have eliminated joint and several liabilities in medical malpractice lawsuits and many states have established strict limits on attorney fees and charges. Facts of Lawsuit Malpractice Medical State Practices In 2005, 48 state legislatures responded to federal calls for medical liability reform through the introduction of over 400 bills to address the situation. The solutions ranged from limits on non-economic dam...