The costs of medical malpractice are exorbitant, to put it mildly. First, what is a medical malpractice? A straightforward definition of medical malpractice is that it is an act of wrongdoing, a sort of negligence by a medical practitioner in diagnosing or administering treatment that leads to harm in a number of ways to the patient. This negligence is usually the result of choosing a substandard drug or mode of therapy that leads to this situation for the patient.
The physician works in close contact with the patient, which brings them into a kind of sacred and intimate relationship. This goes beyond just the administration of the drug or conducting tests. Patients, even when they are highly educated and knowledgeable about disease, come to physicians seeking some kind of solace and reassurance. Ordinarily, in this kind of scenario, there should be no place for a medical malpractice.
Medical malpractice can still happen
Yet, although physicians and patients work on a kind of unwritten, implied trust; there are occasions when a medical malpractice can happen. A medical malpractice usually happens when this trust is broken. A medical malpractice can happen in a number of ways, misdiagnosing or administering the wrong drug being just some of these instances.
A medical malpractice can be said to have taken place when any of these scenarios happen:
- An untoward result of treatment or surgery
- An outstanding invoice being mailed to a patient who is not satisfied with the treatment methods or outcomes
- A physician’s wife or assistant working as the office manager filling up a medical leave authorization form and charging money for it
- Just a perceived lack of concern on the part of the doctor or personnel.
Since any of these can count as medical negligence, it is all the easier for patients to seek legal remedy when they feel they have been wronged in one way or another. America being the highly litigious country that it is; it is always good to devise the means to avoid being taken to court for medical negligence.
Learn the in-depth aspects of medical negligence
In what ways can medical practitioners avoid showing medical negligence and being taken to court? The diligence and care that they should take to avoid being in such a situation will be the basis of the learning a webinar that is being organized by MentorHealth, a leading provider of professional trainings for the healthcare industry, is organizing.
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The critical need for learning about medical negligence
Why is this learning important? It is because it is essential for medical practitioners to understand the elements and nuances of medical negligence, given that the field of medical negligence being a colossal one that involves huge amounts of money in damages. A book by the late Steve Jacob says the following startling facts and disclosures about medical negligence:
- Using a Congressional Budget Office (CBO) report as the basis, PwC estimated that malpractice insurance and defensive medicine accounted for a tenth of the total healthcare costs. This is corroborated by a 2010 Health Affairs article, which puts these costs at about one-fortieth of all of healthcare spending;
- The depth and extent of fear of being taken to court for medical negligence is reflected in a 2010 survey, at which American orthopedic surgeons conceded that almost a third of the tests and referrals they order were medically unnecessary and was being done purely to reduce physician vulnerability to lawsuits;
- An analysis made by the AMA in 2011 found that the increase in the average amount to defend a lawsuit went up by around 60 percent in less than decade from 2010 to $47,158, from $28,981 in 2001. This was accompanied by a steep rise in the average cost to pay a medical liability claim-whether it was a settlement, jury award or some other disposition. This cost went up to $331,947 from $297,682 in 2001;
- A good portion of doctors’ professional careers are spent in fighting lawsuits, no matter what the final outcome is. The average span of a medical negligence litigation is over two years. If doctors spend around a year and eight months in defending cases that were eventually dismissed; medical negligence claims going to trial took three and a quarter years to settle. Another painful piece of statistics concerning medical negligence is that physicians who finally won the case spent as much as three years and eight months in litigation;
- A New England Journal of Medicine report estimated that by age 65 around three fourths of all low-risk specialist physicians have been subjected to at least one lawsuit for medical negligence, while it is an unbelievable 99% for high-risk specialties practitioners.
- Finally, Brian Atchinson, president of the Physician Insurers Association of America [PIAA], nearly three fourths of legal claims for medical negligence do not result in payments to patients, while physician defendants prevail four out of five times in claims resolved by verdict.
Being organized in the backdrop of these situations; this webinar on medical negligence by MentorHealth will cover the following areas:
- Understanding What’s at Stake in Litigation
- What every Doctor must Know
- Steps to Take after Summon and Service Receipt
- Trail Players Burden of Proof
- Types of Trials Discovery Process
- Depositions
- Motions In-Li mine
- Jury Selection
- Opening Statements
- Presentation of Evidence
- Summation and Final Instructions
- Jury Deliberations
- The Verdict and Relief.
With the advent of globalization, the profile and nature of spread of many infectious diseases have changed. Earlier, many infectious diseases were limited to certain specific geographical regions. But this has changed with the emergence of the globetrotter. Additional factors such as globalization of trade and commerce and global warming have contributed significantly to propelling and motivating people to travel more and more all over the world. This trend has brought about a perceptible increase in the incidence and spread of infectious diseases globally.
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