Understanding Medical Malpractice Law

By: Jay Anderson

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.

Some examples of medical malpractice include: unreasonably delaying treatment of a medical condition that has been diagnosed; failing to provide proper treatment for a particular medical condition; or failing to diagnose/misdiagnosing a medical condition or disease. In addition, malpractice laws can differ state to state in regard to lawsuits themselves, so you should check your particular state to determine what applies to you. If a doctor makes an error but there is no medical harm because of it, the patient cannot recover damages.

One exception to this rule regarding medical malpractice law is the segment of informed consent. Under this section of the medical malpractice laws a patient must provide informed consent in order to have a medical procedure performed. Informed consent is a legally binding document that indicates the patient has been properly and thoroughly informed of all of the dangers as well as benefits of the procedure. Once thoroughly informed, the patient indicates that they have been informed of these risks and consent to the procedure with a willingness to accept those risks. When informed consent is not properly acquired, the doctor may stand to have a medical malpractice claim filed against him or her even if the patient did not sustain any harm as a result of the procedure.

As the world becomes more technologically advanced it becomes more of a fast food nation where everything is faster. This rush to get things done has extended to the medical industry as doctors and healthcare professionals are under more and more pressure to make diagnoses as quickly as possible. That, coupled with medicine moving more into a business of profit, leaves much more opportunity for physicians to make mistakes in an industry where there is very little room for error. This attitude and practice makes medical malpractice law even more vital.

This evolving environment of the medical industry has presented issues with the relationship between patients and their doctors. They spend less and less time together which can potentially compromise the communication that is imperative to an accurate diagnosis. This includes the time required to obtain a thorough patient history and is detailed enough to effectively diagnose the problem. In the rush to get one patient out so the doctor can move on to the next, the chances for misdiagnosis or failure to identify key symptoms increase. Medical malpractice law takes on an even greater role because it not only improves patient care, but also protects doctors who from erroneous or frivolous lawsuits.

While medical malpractice law protects doctors and healthcare professionals from frivolous or unfounded lawsuits, they do still occur. While the actual numbers for frivolous lawsuits are unknown due to insurance companies choosing to settle claims out of court, it is estimated that anywhere from 25% to as much as 50% of medical malpractice lawsuits that are filed and are determined to be frivolous are still paid. This is one drawback to allowing claims to be settled out of court; there is no checks and balances system. This action has led some doctors to counter sue patients whom they believe to have filed an unfounded or frivolous lawsuit.

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.

There is some controversy surrounding medical malpractice. Some allege that it is ineffective because patients who have been injured by malpractice as well as physicians who are innocent of the claims can be victimized. It is widely regarded by experts that a new system that is more efficient and fair should be put in place as opposed to the current scenario of attorneys on both sides battling it out and all profiting regardless of the outcome. Both the patient's and the doctor's rights need to be taking into consideration and it should be a priority. The current system simply does not work. With one attorney vying against another with the simple goal to "win," the focus is shifted from what is fair and this is often cited as the problem with the medical malpractice system. Perhaps it is time for a change.

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