Term Paper: Effect of Medical Malpractice on Healthcare System

Sample Term Paper

Words 1,650

This is a term paper on effect of medical malpractice on healthcare system. These suits implicitly exposed one of the most deceptively obvious yet crucial aspects of medical malpractice and pointed to the final reason why the great wave of malpractice litigation instigates when it did: there can be no malpractice without recognized practice; physicians cannot be convicted of deviating from accepted standards if no established standards exist.

These suits implicitly exposed one of the most deceptively obvious yet crucial aspects of medical malpractice and pointed to the final reason why the great wave of malpractice litigation instigates when it did: there can be no malpractice without recognized practice; physicians cannot be convicted of deviating from accepted standards if no established standards exist.

Among the medical explanations, the most valid reason is the “medical innovations” thesis, or the “ironic victims of their own advancement” thesis. According to this clarification, the competitive nature of the US medical marketplace has driven a philosophy of continuous improvement, a relentless push to find better and better therapies, to tout newer and newer measures. On one hand, this might be viewed as the greatest benefit of the modern system. American medicine changed that fundamentally, and American physicians had to keep determined for constant improvement, or at least the manifestation of constant improvement. But, on the other hand, each new technique they attempt and each new therapy they experimented with had the prospective, particularly in the short run, of introducing new patient dangers and new grounds for litigation. (Mohr, 2000)

Although the number of malpractice cases linked with any given innovation tended to fall after an initial spike, the number did not fall back to zero. As an alternative, normal percentage of malpractice actions came to be allied with each new procedure, thereby adding to the collective total of already existing long-term percentages associated with other ongoing procedures. The result was a layering effect that cumulatively built the total number of malpractice cases as a whole. At the heart of this disagreement lies a contradiction: if medical advancement necessarily involves risk, then the price the United States has paid for a system that has put unprecedented pressures on medical advancement has been unprecedented rates of medical malpractice.

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