What is medical malpractice? Should medical liability reform be at the state level? Federal level? If both, how should state and federal provisions be combined and coordinated?

 

Medical Malpractice

This situation results when a medical practitioner engages in negligence or omission, resulting in harm to the patient. These include doctors and other healthcare workers involved with the health of the patient. These errors might result from negligence or omission in diagnosis, treatment, prescription, or aftercare of the patient. Where medical malpractice exists, the patient must prove error in the provision of care and the resulting damage or injury to their health. Doctors and other medical professionals owe a duty of care to the patient, and their activities should always promote their wellbeing and improvement in their health status.

            There are several elements in medical malpractice. The first element of medical malpractice is the duty of care. Duty of care means that doctors have the responsibility to promote the health of their patients. They have an obligation to offer only those actions of treatment that are helpful to the patient to improve health. Furthermore, there must exist evidence of the breach of the duty of care. This means that to prove an act of medical malpractice, patients must prove that the doctors violated their duty of care. In addition, the breach of duty must result to harm or damage to the patient. Besides, the damage or harm must result in injury or death of the patient for medical malpractice to hold a solid argument in a lawsuit.

            Medical malpractices are a huge expense to all parties involved. Doctors face the challenge of the termination of their medical licenses; hospital administration faces the challenge of the closure of the hospital and financial challenge since they are required to compensate the patient or the beneficiaries. Furthermore, medical malpractice is a medical liability since it is impossible to determine the extent and cost of damage incurred. This leads to inequality and unfairness in treatment. Medical liability is hence aimed to reduce and prevent medical malpractices in healthcare. This is because medical malpractices alone cost the federal government billions to settle benefits, protective medicine to the affected patients, and hospital administrative costs.

            I believe that medical malpractice is a huge challenge to medicine and health in general. Medical liability should hence be dealt with by the collaborative action of the State and Federal governments. In the past, some state governments have adopted medical malpractice reforms to limit the cost of medical malpractice when they occur. These are also aimed to prevent the occurrence of these errors. These tort reforms ensure prior and fair compensation of the affected patients. Some of the states that have adopted these reforms include Alabama, Alaska, Arizona, Utah, Pennsylvania, etc.

            The responsibility of healthcare has always been in the hands of the Federal government. This is since the Federal government covers the larger part of medical covers for its citizens through the Medicaid program. Hence, medical liability should be placed in the hands of the various states in a better position to manage and coordinate these activities. Furthermore, compensations resulting from medical malpractices should be covered from the budget of the various state governments. However, this should be restricted to those malpractices that occur within the hospitals that are under the state governments. The national government should be responsible for compensating all the medical malpractice within the National hospitals (Mello, Kachalia & Studdert, 2017). This will reduce the strain on the revenues of the state government.  

            Medical malpractice leads to loss and should hence be avoided. To curb such practices, the hospital administrators should take serious actions against those doctors that breach their duty of care to the patient. Furthermore, they should initiate plans for part of the compensation to be covered by the doctor. Doctors and nurses will be forced to maintain a care level while being careful not to harm the patient. They will treat their patients right while maintaining medical ethics in practice. Patients should be well educated on the importance of seeking a medical lawsuit against doctors and nurses who exhibit an act of malpractice in duty. Like any other law, a medical case will help control malpractice incidences (Frakes & Jena, 2016). This will help reduce medical liability charges.

Furthermore, the partial inclusion of the state governments in the compensation forces the state governments to initiate measures to curb and control these medical liabilities since they are costly. On the other hand, the inclusion of the governments ensures that the national hospitals under the national treasury do not add the costs of medical liability on the counties. Since medical malpractices are liabilities and costly to the governments, particular hospitals should initiate measures to curb these incidences by taking severe measures against those charged with medical negligence. Moreover, medical practitioners should try as much as possible to avoid medical malpractice cases since they are a bad reputation for their medical career.

Outline for healthcare malpractices

1. Introduction

1. This situation results when a medical practitioner engages in acts of negligence or omission, resulting in harm to the patient
2. Doctors and other medical professionals owe a duty of care to the patient, and their activities should always promote their wellbeing and improvement in their health status.

2. First paragraph

1. There are several elements in medical malpractice. The first element of medical malpractice is the duty of care.
2. Besides, the damage or harm must result in injury or death of the patient for medical malpractice to hold a solid argument in a lawsuit.

3. Second paragraph

1. Medical malpractices are a huge expense to all parties involved
2. This is because medical malpractices alone cost the federal government billions to settle benefits, protective medicine to the affected patients, and hospital administrative costs.

4. Third paragraph

1. I believe that medical malpractice is a huge challenge to medicine and health in general.
2. Some of the states that have adopted these reforms include Alabama, Alaska, Arizona, Utah, Pennsylvania, etc.

5. Fourth paragraph

1. The responsibility of healthcare has always been in the hands of the Federal government
2. This will reduce the strain on the revenues of the state government

6. Fifth paragraph

1. This will reduce the strain on the revenues of the state government
2. This will help reduce medical liability charges.

7. Conclusion

1. Furthermore, the partial inclusion of the state governments in the compensation forces the state governments to initiate measures to curb and control these medical liabilities since they are costly.
2. Moreover, medical practitioners should try as much as possible to avoid medical malpractice cases since they are a bad reputation for their medical career