Child adoption under Pennsylvania adoption law - or under any law for that matter, takes a very long process with many complicated legal issues. Although adoption may be the best alternative for childless couples, it is always best to learn more about the whole procedure. Use the Pennsylvania adoption law as your guide for your ado... Read more
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Medical malpractice law governs doctors or other medical professionals to prevent them from treating patients improperly or with negligence which results in injury or death. On a broad scope, legitimate medical malpractice is simply a claim that is brought against a medical or healthcare professional due to a failure to adhere to the applicable standard of care.
Medical malpractice may be due to the unreasonable delay in treatment of a diagnosed medical condition; failure to provide appropriate treatment for a specific medical condition; or failure to properly diagnose or the misdiagnosis of a medical condition. The laws that govern medical malpractice often differ from state to state. This means that the stipulations regarding lawsuits will also differ depending on individual state laws. However, the broad definition of medical malpractice is universal meaning that damages can only be recovered if the patient incurs injury or death. If the doctor makes a mistake but the patient sustains no harm, there are no grounds for a lawsuit and no damages can be recovered. Informed consent is another segment of medical malpractice. When a patient is to undergo a medical procedure, they must give informed consent prior to the administration of the procedure. This means that the patient has been informed of all of the dangers as well as benefits of the procedure and has given their consent to take the risks associated with the procedure. In the event that the doctor does not properly secure informed consent, the doctor leaves himself or herself wide open for a medical malpractice claim to be filed against them even if the patient does not incur any harm as a result of the procedure. The rapidly evolving environment of healthcare compounds certain problems, making malpractice law even more vital. Medicine has evolved into more of a business of profit and this increases the pressure placed upon physicians to see more patients and make faster diagnoses all while being as efficient as possible. Physicians are only human and this hurried environment leaves doctors very susceptible to making errors. This characteristic of the new environment of the medical industry is that doctors are spending less and less time with their patients which equates to less time that the doctor has to obtain the patient's medical history that is thorough enough to provide the doctor with vital clues that may aid him or her in diagnosing a condition. This is problematic for both the patient and doctor because the likelihood of misdiagnosis or missing key symptoms that could lead to a diagnosis is very high. Medical malpractice law is even more relevant in such cases because it plays a major role in improving patient care as well as protecting doctors from frivolous or erroneous lawsuits. In addition, some doctors are now countersuing patients whom they feel have filed frivolous or otherwise unfounded lawsuits. Although the actual percentage is unknown, some estimate that as many as 25 to 50% of lawsuits filed and which are later determined to be frivolous are still paid. This is because many insurance companies choose to settle claims instead of pursuing them in court, since this is actually cheaper for them to do. It is very important that doctors carry medical malpractice insurance in order to protect themselves from lawsuits, regardless of whether the suit is valid or not. Even the most vigilant of doctors can have medical malpractice claims filed against them resulting in lawsuits. Doctors who have been sued should immediately contact their insurance company. They have an arsenal of resources to help fight medical malpractice lawsuits should they be found to be invalid. In many cases, medical malpractice law, as it currently stands, has been regarded as ineffective by both patients and physicians. Patients who are legitimately injured by malpractice may slip through the cracks and never see vindication while physicians who are innocent of the malpractice claims may be victimized as well. A common belief is that attorneys on both sides will profit, regardless of the outcome. Improvements need to start there. Proponents of medical malpractice law feel that the system needs to be "fixed" so that efficiency is increased and both the patient's and physician's rights are considered. Perhaps ending the system where attorneys go head to head, vying for the win would result in a medical malpractice system that is more efficient and fair to all parties involved.
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