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Research Paper
Jada Denise Wade
BUSI 302-D01
December 5, 2019
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In the United States of America Malpractice has become one of the new sources of all
things going wrong in the medical field. Doctors, nurses, hospitals, and clinics from all over the
world must deal with the unpredictable cycle of malpractice. Medical malpractice is also has
another meaning medical negligence. “Medical malpractice is enhanced when physicians fail to
provide the exact treatment on a specific medical condition and the act or negligence enhances
injury to the patient. Malpractice by the health care provider can occur in different approaches
for instance delay to diagnose the health disorder, accident in the anesthesia or surgical process,
prescription drugs misuse and failure to treat the disorder after effective diagnosis is enhanced.
The effects of malpractice on patients, whether or not they are actually involved in a legal suit,
can be substantial. News or rumors of malpractice for a medical practice or hospital can be a
turnoff for potential patients, making them reluctant to seek help”. Nepps, Mary Ellen. “The
Basics of Medical Malpractice.” Chest, vol. 134, no. 5, 2008, pp. 1051–1055.,
doi:10.1378/chest.08-0186.
Medical malpractice occurs when a health care professional or provider neglects to
provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment
that causes harm, injury, or death to a patient. The malpractice or negligence normally involves a
medical error.
Malpractice may even affect the cost of healthcare. Already, many Americans cannot afford
adequate medical care. Physicians and other healthcare providers have long argued that
malpractice claims are the leading cause of escalating healthcare costs. The worry is that as
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malpractice legal suits become more commonplace, and claimants receive settlements for
millions of dollars, patients will have to swallow some of these costs through higher insurance
premiums and doctor’s fees. Malpractice insurance premiums for doctors can also affect patients.
“The premiums can vary drastically by state and by medical specialty. Rising premiums may
cause doctors to move to states with more manageable costs, which in turn will greatly influence
patient access to the best doctors. Access to healthcare may grow increasingly limited in areas
where premiums are especially high”. Nepps, Mary Ellen. “The Basics of Medical Malpractice.”
Chest, vol. 134, no. 5, 2008, pp. 1051–1055., doi:10.1378/chest.08-0186.
“Law Malpractice lawsuits are expensive to litigate. For a case to be viable, the plaintiff
must show significant damages that resulted from the negligence. If the damages are small, the
cost of pursuing the case might be greater than the eventual recovery. To be worth pursuing, the
plaintiff must show that the outcome resulted in losses far in excess of the amount of legal fees
and expenses necessary to bring the action”. What is Legal Malpractice? (n.d.). Retrieved from
https://hirealawyer.findlaw.com/choosing-the-right-lawyer/legal-malpractice.html.
Malpractice may even affect the cost of healthcare. Already, many Americans cannot
afford adequate medical care. Physicians and other healthcare providers have long argued that
malpractice claims are the leading cause of escalating healthcare costs. The worry is that as
malpractice legal suits become more commonplace, and claimants receive settlements for
millions of dollars, patients will have to swallow some of these costs through higher insurance
premiums and doctor’s fees.
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Malpractice insurance premiums for doctors can also affect patients. The premiums can
vary drastically by state and by medical specialty. Rising premiums may cause doctors to move
to states with more manageable costs, which in turn will greatly influence patient access to the
best doctors. Access to healthcare may grow increasingly limited in areas where premiums are
especially high. Malpractice and Its Effects on the Healthcare Industry. Malpractice claims have
far-reaching financial, psychological and social effects on patients and healthcare providers at
every level. Loss of key staff members and the negative publicity associated with malpractice
suits can do untold damage to a hospital or medical clinic. Furthermore, the rising cost of
malpractice insurance can have a significant impact on the success and sustainability of a
hospital or medical practice. (2016, September 27). Retrieved from
https://online.tamucc.edu/articles/malpractice-and-its-effects-on-the-healthcare-industry.aspx.
Medical malpractice cases arise when a patient is harmed by a doctor or nurse (or other
medical professional) who fails to provide proper health care treatment. Fortunately, doctors,
nurses, and hospitals make mistakes in a small number of cases. But within that small minority
of cases, certain types of errors crop up more often than others. Read on to learn about the doctor
and hospital mistakes that make up the bulk of medical malpractice lawsuits.
In just one year, the Food and Drug Administration estimates that approximately 1.3
million people are injured by medication errors that happen for many reasons. Between 2000 and
2012, it was found that 414 lives were taken in these serious accidents. However, because some
of these are never reported as such, the numbers might be even higher. Losing a loved one or
being seriously injured in a medication error accident can be a life-changing experience that
many people are not prepared for. This is why it is imperative to know that you have many rights
when it comes to these cases. Malpractice and Its Effects on the Healthcare Industry. (2016,
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September 27). Retrieved from https://online.tamucc.edu/articles/malpractice-and-its-effects-on-
the-healthcare-industry.aspx.
Medical negligence is an alternative term for medical malpractice. These terms refer to
medical care that is tarnished by a negligent act or omission by a medical professional or facility
which results in injury ..... Medical negligence is not a tool to be used by those who are
dissatisfied with the results of medical care. It cannot generally be used because a medical
professional failed to cure a condition. Aug 3 2019 Medical negligence is not a tool to be used by
those who are dissatisfied with the results of medical care. It cannot generally be used because a
medical professional failed to cure a condition. A person claiming medical negligence must
suffer some harm. That negative experience must be harm that she would not have experienced if
a medical professional or facility had not acted negligently.
In order to prove negligence, one must generally show: A duty. Medical professionals
owe a duty to their patients. Breach of duty. Next, a plaintiff must be able to prove that the
medical professional breached that duty. Finally, the plaintiff must show that the breach of duty
led to the injury and damages suffered. Medical malpractice can arise in a wide variety of
situations. For example, some medical malpractice cases can be born out of prescription errors,
failures to monitor progress, improper treatment of an injury, or the mishandling of a mother and
child during birth. What is Legal Malpractice? (n.d.). Retrieved from
https://hirealawyer.findlaw.com/choosing-the-right-lawyer/legal-malpractice.html.
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References
What is Legal Malpractice? (n.d.). Retrieved from https://hirealawyer.findlaw.com/choosing-the-
right-lawyer/legal-malpractice.html.
Nepps, M. E. (2008). The Basics of Medical Malpractice. Chest, 134(5), 1051–1055. doi:
10.1378/chest.08-0186
Malpractice and Its Effects on the Healthcare Industry. 27 Sept. 2016,
https://online.tamucc.edu/articles/malpractice-and-its-effects-on-the-healthcare-industry.aspx.
