Lawsuits Against Medical Malpractices. Essay

963 words - 4 pages

Although we place great trust in our doctors and family physicians, they are only human and can make mistakes too. Medical malpractice suits are becoming more and more common these days. Medical malpractice is seen as medication errors, improper diagnosis, and lack of informed consent. These litigations involve suits against doctors, hospitals, nurses, and other health care professionals. Most of the suits that are filed are filed against doctors who have performed a surgery or other medical procedure that has a great risk or lifelong consequences involved. The basis of these suits is sometimes argued by the physicians that malpractice suits should have reforms. In the state of Texas, there are no caps on the amount of money rewarded to a victim of a negligent doctor. On the other hand, the attorneys argue that these suits are an effective way to pay the victims for the physicians' mistakes. The reforms that were discussed would be a way to assure that the physicians are not sued for any little thing. They would also make it difficult to file a medical malpractice suit, but only when the person is trying to cheat the law system. If indeed the person was injured, then the law would take care of the rest.Malpractice laws were created for two reasons: one is the laws would compensate the patients that have suffered from the hand of a negligent doctor, and two, the laws would teach and give the doctors a reason to be careful and responsible.When laws are made, they are made to get a desired amount of results. A few of these laws don't work as well as planned while others work all too well. One study in 1990 showed that 16 times as many patients suffered from injuries than received compensation for.As a rule of practice in most states and court rooms, medical malpractice lawsuits require an expert testimony. In order to file a malpractice lawsuit, a person has to first prove that the doctor or medical professional agreed to treat this person as a patient. Next, the person must then provide the court with an expert to give a testimony that explains what was suppose to happen and what actually did. The last step in the process is the person must prove whether or not it was the doctor who caused the harm or did it come from another source. In a trial, the judge is to call witnesses from both sides. This is because the jury isn't familiar with the material from the lawsuit and medical laws.There are lots of reasons why people file medical malpractice lawsuits. Many of these lawsuits that were rewarded should not have been. The amount of money awarded, along with the number of lawsuits, has increased since the early 1970's. Most of these lawsuits are against medical surgeons. With the increase in the number of lawsuits, the cost of malpractice...

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