Modern medicine has to change with the times if it is to be effective and not just prescriptive. Not only does it need to make itself more appealing and usable, it also needs to catch up to the best of its abilities. How do you think you would feel if you were left in the dark or had a medical procedure performed by someone who had never even been to a university? Of course, you wouldn’t want that, and nor should you expect that of modern medicine.
In the case of malpractice, for example, if there is doubt as to the legitimacy of a medical profession, you can now sue them for malpractice. The problem, however, is that the system works against such suits for many reasons.
First, healthcare professionals are trained to file malpractice lawsuits and they use all of their knowledge and training to avoid being found guilty. The professionals are aware that their tactics have worked before, and they know that they have a greater chance of success now than they did before. However, the profession is not yet ready to let go of the fear of being sued for malpractice, as it has fought tooth and nail to prevent the use of civil law.
Lawsuits for malpractice suits are expensive.
The average costs for such suits are over $100k, and that’s not including the other fees that can arise from the damages that are awarded. This brings up the point that the professional healthcare institutions could easily afford the legal fees but choose not to.
Secondly, the medical profession is still scared of being held responsible for some of the mistakes that have been made in the care of a patient’s life.
- They are afraid that they will be blamed for something that is due to nature.
- Thirdly, they are afraid that the wrong decision could be made.
- By the same token, they are afraid that their patients could sue them if something goes wrong in the care of their lives.
- Fourthly, they are afraid that their own career will be destroyed if their mistakes result in lawsuits.
They are afraid that they will be put out of work. In the same token, they are afraid that their patients could sue them if they die unexpectedly in the course of the treatment.
There is a new attitude toward malpractice, one that emphasizes and justifies the responsibility of doctors in terms of ethics and ethical responsibility. It is an attitude that is made possible by the growth of the awareness of civil law and its limitation in cases of negligence.
The first cases of malpractice were brought about by negligence by doctors in the first half of the twentieth century. From then on, malpractice lawsuits started to rise in the United States. Today, malpractice suits account for a large portion of total health care expenditure in the country.
It is important to note that a malpractice suit is not just a one-sided fight between two parties.
There are doctors, nurses, and even patients involved in such suits, and that means that the whole medical profession is in the cross-hairs.
With the advent of the National Patient Advocate Act, a person has the opportunity to become a plaintiff in a malpractice suit. Of course, the plaintiff has to prove his case by proving that he was harmed in some way by the negligent behavior of the defendant.
If you or someone you know has had to go through some kind of malpractice, you may be able to sue the defendant and receive compensation for any amount of money you may be owed. The American Bar Association can give you the information you need to know how to file a lawsuit successfully.