Skip to main content

Should There Be a Separate Law for A Specific Malpractice Medical Case?



There has been great controversy on the law and its application with regard to any specific malpractice medical case. The general laws are sometimes too general to do justice to the particularity of specific medical cases. Due to this failure, the doctors who actually commit malpractice escape through the loopholes that the general law permits them.

It has long been debated that a specific malpractice medical case should be tried by a special type of court where the judge and jury should be sufficiently knowledgeable on the technical and non-technical factors of that type of medical case. For example, a cancer medical malpractice case should be treated as a specific malpractice medical case in the court of law so it can be easier for the law to take its course.

Can a specific malpractice medical case help the claimant win faster?

Theoretically speaking, a specific malpractice medical case filed as such can indeed focus the law on the specific factors better than general law. However, this is really theoretical. In reality, the challenge of proving the malpractice lies with the claimant. The doctor is considered as innocent until proven guilty. The proof is not usually easy to get since the doctors and the medical care facility will most of time become hostile when a law suit is involved. This makes it extremely difficult for the claimant to put together the required information and technical data that the suit requires.

In theory a specific malpractice medical case filed in a specific court will make it easier for the claimant to put up his/her problem because the court and jury would be sensitized and knowledgeable on that particular type of case. In reality this is not really possible because the specific malpractice medical case is actually a misdemeanor. Each case is special by itself and it will not be possible to have such specialized courts that can cover all the facets of the medical malpractice cases that can take place in day-to-day life.

A specific malpractice medical case can be helpful only when there are extremely rare circumstances - but then when the case is rare it will be treated as such without being assigned as a specific malpractice medical case by name. As long as he burden of proof lies on the claimant, who is a lay person, no measure will actually be of help.

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...
Read more

Facing Confidentiality and Electronic Medical Records Concerns

With more and more hospitals employing the electronic medical record as their standard data collection, storage and retrieval system, there are those who are concerned with the risks in the confidentiality and electronic medical records system. The old way of doing things required a lot of paperwork. This meant more office space was allotted for record keeping. This usually meant a filing cabinet with a key as its main security defense against other people. The talk of confidentiality and electronic medical records keeping true to that sense is only a hype, or fluke. The concerns of confidentiality and electronic medical records falling into the wrong hands are grossly exaggerated. To put these concerns on confidentiality and electronic medical records intrusive capability, the software developers have added several security measures to insure that only those who need to know about your information get it and the information that the doctor is reading is really about you: * ...
Read more

Medical Billing Career

People in the world today are not getting any younger. As they age, the need for working professionals in the medical and healthcare services professions will continue to increase. That is why there is no more right time to get into a medical billing career than now. The sheer number of new patients and insurance claims alone ensure that medical billing career will be in-demand for many years to come. If you pursue a medical billing career, there is no doubt that you are pursuing a career that is greatly needed. Medical billing has been frequently described as the doctor's key to getting paid. In more accurate description, medical billing refers to practice management. More often than not, processing medical and insurance claims is a very time-consuming task but unfortunately, it is something that all medical offices and clinics must take up. Coding errors and erroneous patient information are usually much higher if the person handling your medical billing and accounts pa...
Read more