Question

i need a 3 page paper on 3 critiques regarding true malpractice cases and issues on both sides of the argument pertaining suicide assisting, including an assessment of validity of the argument for or against the case on each critique.

Answer 1

Medical malpractice:-Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

To be considered medical malpractice under the law, the claim must have the following characteristics:

A violation of the standard of care - The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.

An injury was caused by the negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

The injury resulted in significant damages - Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.

Examples of Medical Malpractice:-

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

(a)Failure to diagnose or misdiagnosis

(b)Misreading or ignoring laboratory results

(c)Unnecessary surgery

(d)Surgical errors or wrong site surgery

(e)Improper medication or dosage

(f)Poor follow-up or aftercare

(g)Premature discharge

(h)Disregarding or not taking appropriate patient history

(i)Failure to order proper testing

(j)Failure to recognize symptoms.

Three kinds of damages:-For patients who have suffered an injury due to medical malpractice, three kinds of damages are usually available through a lawsuit:

(a)General damages. This is compensation for the suffering caused by the malpractice -- things like physical and mental pain and suffering, loss of enjoyment of life, and loss of consortium.

(b)Special damages. These are the more quantifiable expenses linked to the malpractice. Special damages include medical bills and reimbursement for lost income due to time missed at work.

(c)Punitive damages. These damages are meant to punish a physician or medical facility for conduct that is seriously egregious (where a patient was intentionally harmed, for example). Punitive damages are rare in medical malpractice cases.

If a patient died as a result of medical malpractice, the patient's heirs may recover for

(1) damages that occurred from the time of the malpractice up until the patient's death, and

(2) the family's future economic loss due to the patient's death.

The argument for physician assisted suicide:-People are living longer, and, despite the best efforts of the medical profession, those late years can often be a time of pain and degeneration that calls 'quality of life' into question.

For many people the old religious taboos against suicide are no longer relevant.There is a valid argument that the individual should be allowed

choice in the ending of life when suffering and/or degeneration make

continued existence intolerable.

This must be the choice of the patient and the patient only, but the

advance declaration of such a choice should be allowable by the use of

advance directives (sometimes called 'living wills'.)

This must be hedged about with safeguards, but models for these exist

elsewhere.This change would also be a protection for the medical profession,who we know already practice forms of euthanasia at the request of their patients and who, in so doing, hazard their careers and their liberty for humane motives.

Let us have nothing of the 'slippery slope' argument, nor the claims of the hospice movement and others that severe pain can always be controlled.

Let me sum my views by simply saying "I have lived my life making my own choices of what to do and how to act. Let me have the chance of a final choice of the time and manner of my death if that should become necessary."

key arguments for and against Malpractice reform:-In recent years, doctor groups, insurance companies, and some patients have criticized medical malpractice litigation, arguing that it's expensive, unpredictable, and inefficient. These critics claim that medical malpractice lawsuits have caused doctor and hospital liability insurance rates to skyrocket, which in turn drives up health care costs and forces some doctors to stop practicing (or avoid performing certain procedures like delivering babies). Reformers argue that the threat of malpractice claims also increases the use of "defensive medicine," placing additional costs and burdens on the health care system.

Those in favor of preserving the status quo of medical malpractice law counter that the recent surge in medical malpractice litigation is tied to an increase in treatment errors by doctors and other caregivers. They point out that liability insurance premiums (once adjusted for inflation) are lower than the previous decade for all but a few doctors that practice in certain specialty areas. In addition, they argue that many factors contribute to liability insurance rate increases and the higher cost of healthcare -- and to blame it all on medical malpractice litigation is to ignore the true reasons for the health care crisis in our nation.

The emotional impact of a malpractice suit on physicians:-Physicians who have been involved in malpractice actions are all too familiar with the range of emotions they experience during the process. Anxiety, fear, frustration, remorse, self-doubt, shame, betrayal, anger…no pleasant feelings here. Add malpractice stress to the high level of pressure experienced at home and at work, and crisis looms.

Because of the nature of our work as physicians, we are isolated, and malpractice isolates us further. Because of embarrassment, we avoid talking with our colleagues and managers. Legal counsel reminds us to correspond with no one about the details of the case. Spouses and friends may offer support, but it is difficult— perhaps impossible—to be reassured.

Isolation fuels our self-doubt and erodes our confidence, leading us to focus on what may go wrong, rather than on healing. Every decision is fraught with anxiety, and efficiency evaporates. Paralysis may set in, leading to disengagement from patient care and increasing the chance of further problems.

Famous Medical Malpractice Cases:-Celebrities are not immune to medical malpractice incident – some of the most recent tragic celebrity deaths have occurred due to some form of malpractice. Here are some notable celebrities who have experienced medical malpractice at the hands of negligent healthcare professionals.

(1.)MICHAEL JACKSON:-

BACKGROUND:-On June 25, 2009, many were shocked to hear of Michael Jackson’s sudden, tragic death that seemingly occurred out of nowhere. After an extensive autopsy and toxicology report, it was found that Jackson died due to a number of drugs in his system, including Propofol, a powerful anesthetic normally used in surgical situations. Propofol is incredibly potent and has a wide variety of potential side effects that require constant monitoring by a team of physicians. Further investigation revealed that Dr. Conrad Murray, Jackson’s personal in-home physician, routinely administered Propofol to his one and only patient so that he could sleep soundly through the night.

THE CASE:-Dr. Murray was arrested and charged with involuntary manslaughter for the death of Jackson, but was civil medical malpractice charges were not pursued.

THE AFTERMATH:-A jury found Dr. Murray guilty of his crimes, and he received four years in prison, the maximum allowable sentence for involuntary manslaughter. In addition, his medical licenses in Texas and California were revoked, and he was ordered by the judge to pay $100 million in restitution to the Jackson family.

(2.)HULK HOGAN:-

BACKGROUND:-In 2009, professional wrestling star and celebrity Hulk Hogan suffered a serious injury to his back that jeopardized his wrestling career. According to him, he was met with conflicting information from numerous professionals; several spine surgeons recommended spinal surgery to continue his career, while physicians at a Florida-based spine institute claimed that spinal surgery would effectively end his career.

THE SOLUTION:-

Hogan claimed that he underwent multiple endoscopic surgeries that further destabilized his ailing back. He filed a medical malpractice lawsuit with several physicians and clinics, including a the spine center and a surgery center, seeking $50 million in loss of past and future earnings.

THE AFTERMATH:-Hogan ultimately underwent the surgery, but the medical malpractice suit was never resolved, presumably due to Hogan’s other legal troubles, which occurred in 2012. This includes his infamous legal battle with Gawker for defamation after the website posted an explicit video of Hogan without his consent. From this suit, he reached a $31 million settlement with Gawker, resulting in the bankruptcy and sale of the website to another corporation.