Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive insurance.
Important Social Goals of Medical Malpractice Lawsuits
One major benefit of medical malpractice lawsuits is that they force healthcare providers to maintain acceptable standards of care. Doctors and nurses will be less likely to implement unsafe practices if they face a potential of being hauled into court and forced to pay for the results of their negligence. With certain reform systems suggesting a cap for damages, the maximum amount that lawsuits would be worth may not be enough to deter healthcare providers from engaging in unsafe behavior.
A second benefit is that verdicts and settlements also serve as a form of punishment. Negligent physicians should be reprimanded for their actions, but without sufficient punitive cost, no punishment is really handed down. Considering that most victims of medical malpractice will never attempt to bring a case against their doctor, negligent doctors, nurses, and other healthcare providers should be forced to answer for their behavior in the event they are called on to do so.
Finally, a third social goal is the compensation of patients who have been injured by negligence. These victims are often left in worse shape after sustaining injuries due to malpractice and it is important for medical malpractice attorneys to seek the compensation necessary to make the lives of their clients as normal and fulfilling as possible.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member have recently been the victim of medical negligence, you should speak to our professionals about your legal rights. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Shoulder dystocia occurs when a baby’s shoulder gets stuck behind a mother’s pubic bone. In order to avoid injury, certain changes must be made during delivery. Birth injuries arising from the improper delivery of a baby with shoulder dystocia can be permanent. In the case of the Virginia boy, it was shown that the nerve damage caused him permanent disablement of his right arm. He may need assistance for simple tasks for the rest of life, and may not be able to do many of the typical activities of childhood due to the birth injury he received.
For those patients that are wheelchair bound, there are certain helpful recommendations for proper repositioning. An attempt should be made, by the patient, to move every 15 minutes. Nursing home staff should help assist with larger changes every hour.