Lesson 4 Essay
Medical Malpractice can be defined as the negligent or irresponsible medical treatment of a doctor, nurse or other medical practitioner that results in injury or death of a patient in their care (McMillen Law Firm, 2013). One of the unique qualities about Florida is its exercise of the ‘Three Strikes Law’. The relatively recent amendment to the Florida Constitution would automatically revoke the medical license of any doctor hit with three malpractice judgments which makes Florida one of the most hostile states for physicians.
In my opinion, when it comes to protecting patients and physicians alike, there should be limitations set in place for each party. The Three Strike Law and Malpractice Law itself is mostly designed to protect patients. An example of this is Liability in the form of Informed Consent. Legal liability for the medical professional can include a medical treatment or procedure that is done on a patient without acquiring informed consent from the patient. If the patient does not give informed consent for their health care practitioner to do a specific treatment or procedure, which results in some form of damage, that medical professional can be held liable (Medical Malpractice Law-Protecting Injured Patients, 2012). However cases are not easily won and due to that, lawyers call for more to be done, such as preventing the medical malpractice reform. This reform commonly refers to laws passed on a state-by-state preference which place limits or caps on the type or amount of damages that may be awarded in personal injury lawsuits (Tort Reform Law and Legal Definition, 2014). Many believe that tort reforms are misguided as they strip away patients’ rights, when in fact they should be trying to focus on preventing injuries and fatalities. These reforms are beneficial to health practitioners due to the fact that the medical profession attempts to use this principle as a shield from liability. It began with hospitals and clinics that are owned and operated by state and local governments. Then other hospitals accepted a small percentage of their revenue from taxpayer money and started calling themselves a “special taxing district”. Currently, huge multi-million dollar private companies try to call themselves state agents, which makes them entitled to some sort of sovereign immunity. Although I’m no expert, I don’t think either of these solutions solves the complex situation efficiently; however, …show more content…
A very popular example of this is Michal Jackson’s doctor, Conrad Murray, who was charged with involuntary manslaughter. In many of these cases involve over prescribing drugs, especially narcotics. In these cases resembling the situation mentioned, I do believe that a doctor is to be charged criminally. I think that many doctors are too quick to push pills and antibiotics to their patients. It is at the doctor’s discretion to provide the best possible healthcare for their patient which also includes preventing possible development of drug addictions.
Works Cited
Associated Press. (2004, November 26). Florida Passes Three-Strikes Malpractice Law. Retrieved from New York Times: http://www.nytimes.com/2004/11/26/national/26malpractice.html?_r=1&
McMillen Law Firm. (2013). Florida Malpractice. Retrieved from The Florida Malpractice Website: http://www.floridamalpractice.com/
Medical Malpractice Law-Protecting Injured Patients. (2012, July 15). Retrieved from LGCSC Legal Health Laws: http://www.lgcsc.org/medical-malpractice-law-protecting-injured-patients/
Tort Reform Law and Legal Definition. (2014). Retrieved from US Legal: http://definitions.uslegal.com/t/tort-reform/
Weiss, T. (2008, May 5). Reasons Not To Become A Doctor. Retrieved from Forbes:
Medical Malpractice can be defined as the negligent or irresponsible medical treatment of a doctor, nurse or other medical practitioner that results in injury or death of a patient in their care (McMillen Law Firm, 2013). One of the unique qualities about Florida is its exercise of the ‘Three Strikes Law’. The relatively recent amendment to the Florida Constitution would automatically revoke the medical license of any doctor hit with three malpractice judgments which makes Florida one of the most hostile states for physicians.
In my opinion, when it comes to protecting patients and physicians alike, there should be limitations set in place for each party. The Three Strike Law and Malpractice Law itself is mostly designed to protect patients. An example of this is Liability in the form of Informed Consent. Legal liability for the medical professional can include a medical treatment or procedure that is done on a patient without acquiring informed consent from the patient. If the patient does not give informed consent for their health care practitioner to do a specific treatment or procedure, which results in some form of damage, that medical professional can be held liable (Medical Malpractice Law-Protecting Injured Patients, 2012). However cases are not easily won and due to that, lawyers call for more to be done, such as preventing the medical malpractice reform. This reform commonly refers to laws passed on a state-by-state preference which place limits or caps on the type or amount of damages that may be awarded in personal injury lawsuits (Tort Reform Law and Legal Definition, 2014). Many believe that tort reforms are misguided as they strip away patients’ rights, when in fact they should be trying to focus on preventing injuries and fatalities. These reforms are beneficial to health practitioners due to the fact that the medical profession attempts to use this principle as a shield from liability. It began with hospitals and clinics that are owned and operated by state and local governments. Then other hospitals accepted a small percentage of their revenue from taxpayer money and started calling themselves a “special taxing district”. Currently, huge multi-million dollar private companies try to call themselves state agents, which makes them entitled to some sort of sovereign immunity. Although I’m no expert, I don’t think either of these solutions solves the complex situation efficiently; however, …show more content…
A very popular example of this is Michal Jackson’s doctor, Conrad Murray, who was charged with involuntary manslaughter. In many of these cases involve over prescribing drugs, especially narcotics. In these cases resembling the situation mentioned, I do believe that a doctor is to be charged criminally. I think that many doctors are too quick to push pills and antibiotics to their patients. It is at the doctor’s discretion to provide the best possible healthcare for their patient which also includes preventing possible development of drug addictions.
Works Cited
Associated Press. (2004, November 26). Florida Passes Three-Strikes Malpractice Law. Retrieved from New York Times: http://www.nytimes.com/2004/11/26/national/26malpractice.html?_r=1&
McMillen Law Firm. (2013). Florida Malpractice. Retrieved from The Florida Malpractice Website: http://www.floridamalpractice.com/
Medical Malpractice Law-Protecting Injured Patients. (2012, July 15). Retrieved from LGCSC Legal Health Laws: http://www.lgcsc.org/medical-malpractice-law-protecting-injured-patients/
Tort Reform Law and Legal Definition. (2014). Retrieved from US Legal: http://definitions.uslegal.com/t/tort-reform/
Weiss, T. (2008, May 5). Reasons Not To Become A Doctor. Retrieved from Forbes: