Unit 3 - Homework

Medical Malpractice

Medical malpractice is an act by omission or commission by a healthcare professional that constitutes improper or negligent treatment of a patient that results to injury or death . As such , medical malpractice is absolutely and extremely contradictory to the very essence of the medical profession . However , it must be known to all that medicine as a science is a human pursuit which is naturally laden and prone to human error and uncertainty

The legal design to include only actual damages and exclude pain and suffering in civil damages arising

from medical malpractice benefits insurance companies the most , who often make the payments in behalf of erring doctors . This will ultimately reduce the financial liability that they will cover to their advantage . However , legal experts who crafted this legal remedy have noble and fair intentions in such design Pain and suffering are not quantifiable items and are therefore vulnerable to legal abuse and corruption

The civil damages arising from medical malpractice may be viewed as an imposed disciplinary consequence for medical professionals to handle medical cases with utmost care and caution . The tending of patients with the highest carefulness and consideration lies at the very essence of the medical profession and should be ingrained to practitioners not through a compelling means but by ethical education . Utmost care should be made by doctors not out of fear of the consequences of negligence but out of duty to provide healthcare . Additional damages arising from suffering and pain of possible malpractice adds up to the burden of doctors in the performance of their profession which is laden with the unpredictability of saving lives and the unenthusiastic inclination towards not always turning out right in making decisions

On the part of the patients including victims of malpractice , the inclusion of pain and suffering in civil damages have little or no effect at all . This does not ensure relatives of patients that they will receive better care nor are they guaranteed of treatment or medical cure to their sick . For victims of malpractice , compensation for pain and suffering does not offset pain and suffering at all . Justice can be served better with other retributive actions such as suspension or revocation of license . These measures are also more effective in implementing the deterrent and preventive purpose of punishment

In conclusion , the legal design for excluding pain and suffering in civil damages for medical malpractice is correct . The civil damages that include actual damages alone is sufficient as a reformative penalty for erring medical professionals . The addition of suffering and pain will only make the legal system susceptible to abuse , will only add up to increase doctor 's worries and will not mitigate the pain and suffering of victims . In the field of medical science , uncertainty of life lingers despite technological advancements . All doctors make terrible mistakes (Locksley ) Malpractice due to negligence and miscalculations occur because medicine is prone to human errors . What should be severely penalized are regular offenders or doctors who repeatedly make medical...