Within our busy, fast-paced society, most of the population around the world are willing to dedicate themselves to work as hard as their coworkers in order to earn a higher salary wage and be able to afford a better lifestyle for their own or to fully support their families. It really doesn't matter what type of occupation, gender, ethnic background, or social status you may have because everyone is entitled to have a liability insurance, in which they will be able to promulgate their part of the risk of profitable loss to others that also work within the same professional field. For almost all health care-related careers will be responsible for providing their medical professions with a special provisional insurance called the professional liability insurance policy, at which point the medical professionals will automatically be safeguarded against whatever legal problems that may arise during the patient's risky treatment process, owing to the fact that each and every medical profession will always be liable for any incurred damages that their patients may suffer from after going through the whole medical procedure. This is in fact one of the main reasons why surgeons and other medical specialists are able to take on such risky medical procedures that other health care professionals aren't allowed to take part in, due to their entitled protection from the professional liability policy that will prevent the risk of losing their jobs due to unforeseen medical errors.
At a first glance, the importance of signing up for a professional liability insurance may seem to be one of the most basic procedures that most medical professionals in all levels must commit to, in order for them to practice medicine within a health care facility...
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... organization. Even for the Trustees themselves, I believe they may agree on the fact that earning trust from any organization takes a huge amount of dedication and it is indeed a time-consuming process for most people to last that long within a single organization.
In conclusion, the professional liability insurance policy is one of the most important policies that every employee taking part in the organization will have to consider and people should try to understand the reason why this particular liability policy is very different from other insurance policies that everyone may have seen in their lifetime. Truly understanding how the professional liability insurance system works may not be as simple as it looks, but in time, we will be able to grasp the actual concept of the insurance policies some day when we become a member of the health care organization.
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).
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.
Not only do health care providers have an ethical implication to care for patients, they also have a legal obligation and responsibility to care for the patient. According to the Collins English dictionary, a duty of care is ‘the legal obligation to safeguard others from harm while they are in your care, using your services or exposed to your activities’. The legal definition takes it further by making it a requirement that a person act towards others and the public with watchfulness, attention, caution and prudence which a reasonable person in the circumstances would use. If a person’s actions fail to meet the required standard, then the acts are considered negligent (Hill and Hill, 2002). If a professional fails to abide to the standard of practice for their practice in regards to their peers, they leave themselves open to criticisms or claims of breach of duty of care, and possibly negligence. Negligence is comprised of five elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm. Duty is defined as the implied duty to care/provide service, breach is the lack thereof, cause in fact must be proven by plaintiff, proximate cause means that only the harm caused directly causative to the breach itself and not additional causation, and harm is the specific injury resultant from the breach.
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).
For hundreds of years doctors and other medical professionals have gotten away with little to no punishment when doing wrong in the medical field. Medical Malpractice happens in the care of the reckless medical professional and can be stopped by the correct supervision and discipline. Although medical malpractice is something huge, it could be eliminated by just taking a little extra time and review the care that is being given to a patient. Would you allow someone to give the care you’re giving to others, to your own family? You need the bed, so you discharge early. Patients aren’t properly informed. Legal documents aren’t thoroughly explained. Shortage of staff, hospital downsizing, or mergers. (“Nursing Center”) The only thing that the medical team should be worried about it the care of all of the patients. The medical field would become more advanced if the actual medicine was practiced the right way. Lives are being compromised everyday with incompetent doctors, practicing medicine. Medical Malpractice can be solved with the buckling down of the medical professionals, and the administration that watch over these professionals. Medicine is a complicated field, where lives, money, and careers are put on the line for such an important matter. Together, we can lessen, even eliminate Medical Malpractice all
The United States health care is structured badly. The insurance companies only look out for themselves; they think of ways they can save money not spend it. When you file for health insurance, companies will look through your application and medical records as if it were a murder investigation. They will try to find any flaw possible in your application just so they would not have to pay for your medical bill. The health insurance companies have an extremely long list of medical conditions you may have that they will deny you for. They will reject you if the surgery is considered experimental,...
Doctors are well respected within the realm of American society and are perceived with the highest regard as a profession. According to Gallup’s Honesty and Ethics in Profession polls, 67% of respondents believe that “the honesty and ethical standards” of medical doctors were “very high.” Furthermore, 88% of respondents polled by Harris Polls considered doctors to either “hold some” or a “great deal of prestige”. Consequently, these overwhelmingly positive views of the medical profession insinuate a myth of infallibility that envelops the physicians and the science they practice. Atul Gawande, in Complications: A Surgeon’s Notes on an Imperfect Science, provides an extensive view of the medical profession from both sides of the operating table
During the 1980’s, medical-related situations continuously occurred that made patients question their insurance policies as well as the privacy of their health care. Congress worked to create a bill containing strict rules regarding insurance policies and availability for one to keep their insurance if they are to move jobs. These rules were soon applied to all medical facilities and faculty and titled the “Health Insuran...
can chose to be insured their partnership with the Health Providers Service Organization (HPSO), which is the world’s largest provider of liability insurance (ACA, n.d.). New professional counselor members can purchase their liability insurance at a 50% discount, while student members who are enrolled in a counseling masters program receive complimentary liability insurance through their student membership.
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
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.
When professionals in the health sector are compliant to the standards and ethics of practice, then accidents in the sector and any activities that undermine patient safety are bound to be addressed. In particular, whistleblowers in the sector should also be protected to improve service delivery in the health sector.
Deprofessionalization of medicine affects the way those of the medical profession interact with patients greatly. Healthcare providers are forced by law to violate the values that make them who they are because of the request of customers demanding goods and services in the free market. This signals the end of medicine as a professional practice. It makes medicine just another exchange of goods and services as well as putting patients in the role of customers, ordering whatever they want from physicians. For example, an orthopedic surgeon would be forced to cut off a patient’s perfectly healthy leg rather than insisting that
“Nursing Accidents Unleash Silent Killers”, according to the article titled “A Wake-up Call” (Marilyn S. Fetter 2011). Mistakes or errors implemented by nurses nationwide not only kill but injure thousands. This perception of practicing nurses continuously causing errors and mistakes can be changed and something can be done about it. Although, rare cases of nursing malpractice are still on the rise. Malpractice is a serious case in which can be avoided completely by a skilled nurse who in which follows standards and safety precautions to accurately and correctly care for each and every patient. The nurse’s role in healthcare continues to expand throughout the years. For example, with the new Healthcare Reform Act taking affect the roles of the health care nurse expands even more increasing the demands placed on them for the care and treatment of every patient. This has also lead to an expansion of legal liability for malpractice. The nurse upholds a close and professional relationship with the patient and has the best advantage to impact the patient. The nurse holds the utmost responsibility in continuing to be well informed about malpractice, as well as how to avoid a malpractice case or negligence by presenting outstanding patient care; in addition to malpractice insurance to protect yourself from an undesirable outcome.