In our society, people satirize and stigmatize lawyers as being greedy, selfish, callous, and even unethical. Especially in the personal injury field of law, people paint plaintiff attorneys as “ambulance chasers” and insurance carrier defendant attorneys as “deep pockets” for damages. Whether or not these stereotypical glazes apply to some attorneys in the practice, potential ethical dilemmas do exist. It is important to the practice; however, that attorneys act ethically and responsibly, despite these stigmas, to seek remedies for genuinely injured clients and to diligently defend those facing personal injury claims. I am the first in my extended family to attend law school, and after I was accepted, my aunts, uncles, and cousins would …show more content…
Since I have begun my externship and seminar, I have considered the stigmas, ethical pitfalls, and “slippery slopes” of the personal injury field, and although I have not witnessed any unethical behavior by the Abamont & Associates team, I have noticed that they can exist in the profession. For example, Independent medical examiners, those hired by the carrier with the purpose of (objectively) showing that the plaintiff’s injuries are not as severe as alleged, may be incentivized to minimize the extent of the …show more content…
Some plaintiff attorneys exaggerate or embellish their client’s injuries or “creatively malign” the evidence or issues. After arriving early to observe an EBT, or Examination Before Trial, I sat in the waiting room outside of a conference room in which an attorney was prepping his plaintiff, (who was not a party to any Abamont & Associates case). I could not hear the entirety of the conversation but did overhear the plaintiff utter “I will say whatever you want to win my case” and something about how the other party’s insurance company should pay more because they are a big corporation. Although I did not hear the attorney’s response, this situation spoke to both the stigmas and ethical snares of the legal
Given the difficulties in the present tort system, we often become victims of the failures of medicine as opposed to beneficiaries of its many successes. Physicians have lost in that they have changed, limited, or closed their practices after having spent the most vigorous years of their lives training for such work. Patients have lost in that the physicians of their choice, with whom they have developed trusting relationships, are no longer available to care for them. It is certain that the system requires sensible reform (p.525).
Freedman, Monroe H., and Abbe Smith. Understanding Lawyers' Ethics. New Providence, NJ: LexisNexis, 2010. Print.
In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate cause of the client's damages; and (5) actual loss or damage resulting from the negligence.” Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004).
...ulations in the U.S. judicial system is “most define the law as a system of principles and processes by which people in a society deal with disputes and problems, seeking to solve or settle them without resorting to force” (p. 15). Some situations cannot be rectified in a board meeting. However, negligence is in the category of objectives of tort law, it is also the most popular lawsuit pursued by patients against medical professionals against doctors and healthcare organizations (Bal, 2009). Objectives of Tort Law
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
Rooted in the intentions of weeding out dangerous practitioners, the blooms of the litigations created a toxic environment for physicians. The causes behind medical malpractice are justified, but the application needs work. Lawsuits inadvertently raise physicians’ liability insurance premiums, which financially and emotionally stresses them, who in turn leave an area and its residents. The effects of the lawsuits are felt by both doctors and patients. This is not to say that many physicians do not flourish in the healthcare system — they do. Hopefully, the effects of medical malpractice lawsuits can transform the toxic environment into one that facilitates growth and prosperity for
Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the costs of health care by reducing the risk of civil litigation and exposure to fraudulent claims (“What”). However, the real factor at hand and the real cause of the industry’s high costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuits. Thus, large public support exists for tort reform. While the proposed legislation enacted through tort reform could cut the costs of health care and positively transform the industry, it is ultimately unconstitutional and could not withstand judicial scrutiny.
In this essay about tort law, I talked about a tort case that has personally impacted me. To do this, I provided a background of the event, applied facts of the case to applicable law, summarized lessons of the week as they related to this case, and provided a plausible argument for the parties involved. This is a prime example of a breach of a tort law, and the case is currently in the process of litigation. It is likely that the parties involved will reach an agreement out of court, but may in fact be brought to trial. References Cross, F. B., & Miller, R. L. (2012).
Today, physicians view patients as potential malpractice litigants. Therefore, doctors order unnecessary costly tests or avoid treating patients to insure safety from lawsuits. In Chicago, emergency room personnel refused to care for a boy who was shot, and had collapsed thirty feet outside the hospital door, because their legal duties were only to those inside. Because of the fear of lawsuits, the young boy was denied the opportunity to live. Not only are doctor-patient relationships affected, teachers and students are learning under precise laws.
The medical malpractice and tort system makes up one of the major legal issues encountered by hospitals and health systems. Showalter (2012) states that with the decline of charitable immunity in the 1970s, healthcare was one of the areas impacted by personal injury law and was held liable for negligent acts. Today, malpractice continues to be a significant problem. Malpractice lawsuits are considered when negligence in medical treatment provided by a physician, surgeon, other health professional, or hospital results in injury. Most states require physicians to have liability insurance and hospitals and other healthcare facilities to purchase their own insurance and policies in order to cover the medical staff. The number of malpractice claims continues to rise; Klein (2002) reports that obstetrics, diagnosis errors, surgery, and medicine are the areas of highest liability. In the year 2011, there were over 9,497 paid claims. With the total number of dollars paid in claims averaging over $3,177,305.00 (Kaiser Family Foundation, n.d.). Medical liability premiums have also increased. According to Page and Fields (2011), AMA reported that medical liability premiums in the United States between 1976 and 2009 experienced a 950 percent increase. Malpractice lawsuits are a major expenditure for health organizations, especially hospitals, hence the importance of developing strategies to reduce the prevalence of negligent acts.
A proper way to define defensive medicine is the action of a physician recommending a diagnostic test or treatment that is not necessarily the best option for the patient, but instead an option that may potentially prevent the physician from being sued for medical malpractice (Tuers, 2013). This type of treatment has began as early as the 1800s but not until the 1960’s was it seen as an issue. It wasn’t until that time period that defensive medicine was recognized as an issue. Before then, physicians were self employed and their motives were rarely questioned by patients (Tuers 2013). Surprisingly, the United States is the only major country that holds the physicians personally and financially liable for their own medical errors. This could be one of the main reasons for the prevalence of this malpractice. Defensive medicine as an unlawful act all began with the increasing number of medical malpractice lawsuits. Medical malpractice is similar to defensive medicine in the sense that it is the combination of...
If they choose not to do their jobs by the ethical standards, they will either be disbarred or charged criminally. The decisions of the attorneys often influence their clients so it is very important that they figure out how to balance the needs and problems associated with each client to the ethical standards of the criminal justice system
On a personal level, a medical professional’s life can be destroyed by a medical malpractice lawsuit. Those who are starting their career, face a high-profile lawsuit, or rely on public support to find new patients will have their careers devastated by an instance of medical malpractice. The Consequences of Frivolous Medical Malpractice