There have been several examples of a malpractice medical court case gone wrong as the focus on these cases tend to be about the negative impact improper malpractice cases have on the medical industry. Doctors find that they need to virtually "walk on eggshells" around patients for fear of being sued for saying or doing the wrong thing and other medical professionals fear malpractice suits for acting improperly even in the most routine circumstances.
Conversely, there is a very real aspect to a malpractice medical court case in which some patients are legitimately harmed and injured through medical malpractice. We need to find, as society in tune with all formal legality, a middle ground with which to approach the malpractice issue in a way that treats doctors and medical professionals fairly while hearing the rational and reasonable complaints and grievances of those hurt or injured due to medical incompetence. Without accountability, any industry is subject to suffering false instances of a malpractice medical court case.
Past Cases
There are several examples of malpractice cases that were heavily warranted. For example, an RCMP police officer in Canada sued his physician because he had a surgical procedure on his back to correct back pain suffered from an on-the-job incident. This surgical procedure did not correct the back pain effectively and the RCMP officer filed his suit because of the notion that the doctor had made the error of choosing an operation that, when performed unsuccessfully, effectively closes the door on other options. The RCMP officer lost this case because of the timing of the filing and conflicts with the law.
Another example is a case in which a woman had died as a result of internal bleeding suffered during surgery. The woman's husband took the case to trial and asked the College of Physicians and Surgeons to investigate this particular case. The findings of the College were such that it was presented to the court that the woman had perished in surgery because the doctor had not properly monitored the woman's health signs after the surgery and had inevitably missed the signs of internal bleeding from a stomach ulcer. The widower won this case because of the overwhelming evidence.
One final example of a malpractice medical court case involves doctors being litigated against for improper handling of childbirth. The case was argued that the medical professionals present at a particular birth were incompetent because they did not perform any appropriate action when they had adequate knowledge that the baby was in trouble. Despite having that knowledge, the doctors failed to act for at least an hour and the baby suffered because of this, developing cerebral palsy. The child is now five years old and cannot walk, talk, sit, or stand because of the doctor's negligence.