Thursday, May 29, 2008

The Changes in Medical Malpractice Claims

One fine day, I happen to read an article entitled, Doctors Say ‘I’m Sorry’ Before ‘See You in Court. The article relates all about medical malpractice claims which are constantly litigated causes of actions in our courts in this genre.

The story related by the article happens in Chicago where a highly regarded cancer surgeon, Dr. Tapas K. Das Gupta made a mistake in operating a patient by removing the wrong sliver of tissue, a segment of the eighth rib instead of the ninth.

Dr. Tapas K. Das Gupta had quickly acknowledged his mistakes and corrected the same. Until the passage of years when Dr. Das Gupta now becomes 76 years old, he has continually avow his mistakes and offer his sorry to the patient that was harmed by the occasional errors he committed.

On the same note, the article espouses on improving patient safety and patient communication to cure the malpractice crisis rather than defensiveness and denial, which at all brought tremendous amount of hardship to the victims of medical malpractice and agonizing lawsuits.

To note, the article laid the propositions of some advocates regarding disclosure policies as a method or scheme that may reduce legal claims.

Instead of lawsuits, the bringing out of greater measure of equity by offering reasonable compensation to every injured patient is the key towards this objective. “Defy and defend”, as the most malpractice lawyer counseled, has now to be abandoned and changed to a scenario of disclosure of medical errors and offering of earnest apologies and fair compensation.

The proponent seeks to restore integrity to dealings with patients, make it easier to learn from mistakes and dilute anger that often fuels lawsuits.

To my mind, the disclosure project is one of the best avenues that are economical and practicable both for the victims as well as to the erring doctors and medical institutions.

By disclosing the medical mistakes and errors straight to the victims, contending lawsuits, which are costly and timely, can be avoided without of course, compromising the valuable compensation that the victims are legally entitled.

With this considerable shift of views, in order to have ample protection in your rights, you have to seek lawyer help at the first instance so that you can be guided at arriving with a fair compensation less undue influence and consent vitiation.

Before waging a claim settlement under this style, you have to confer with a medical malpractice attorney to help you.