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by: JayAnderson
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Medical malpractice law forms the basis for judgments regarding the professional practices of a doctor or medical practitioner in the event there are accusations of negligence or improper administration of care for medical conditions. Legitimate medical malpractice may occur due to a violation of the applicable standard of care or failure to administer appropriate care, but in either case, the patient must incur harm, injury of death as a result.

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.

Yet another problem with this new environment is that doctors and patients spend increasingly little time together, so that oftentimes, simply taking a patient history that is detailed enough to diagnose the problem is increasingly difficult. This, too, increases the chance for misdiagnosis or missing important symptoms. This makes medical malpractice law take an even greater role in improving both patient care and protecting doctors who have been erroneously sued.

Some doctors are striking back against patients who have filed unfounded or frivolous lawsuits against them by countersuing. Many Medical malpractice lawsuits are settled out of court because insurance companies urge plaintiffs and defendants to go that route due to decreased expenses. This activity, however, makes it difficult to track lawsuits that are files because they are not recorded in a court of law which is public domain. It is estimated, however, that approximately 25% to as many as 50% of lawsuits filed but are later deemed frivolous are still paid. Removing the legal element of a judge undermines the checks and balances system.

Doctors must carry medical malpractice insurance so that they may be protected in the event that they are sued, regardless of whether the suit is found to have merit or not. Even the most vigilant of doctors may be sued; no one is exempt. Doctors who are sued must contact their insurance company immediately so that they will have access to the many resources available to counter the suit if it is unfounded.

Medical malpractice law at present has been deemed ineffective by all parties involved in many cases, and can leave both patients injured by malpractice and innocent physicians as victims. Many experts believe that because the attorneys on either side are the ones who profit regardless of outcome, this is where improvement needs to start. Many believe that a new system needs to be put in place where efficiency is the key, and both patient and physician rights are taken into consideration first and foremost. The current adversarial system, with one attorney pitted against the other simply to "win," may be the reason for the inefficient and often unfair current medical malpractice system.

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For more information and additional insights about Medical Malpractice Law please visit our web site at http://www.malpracticeinfonow.com

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