Are Medical Malpractice Laws Fair?

Paper Summary:

This paper examines different types of medical malpractice and questions the fairness of laws surrounding them. It addresses such cases as unnecessary surgery, medication errors, and errors in hospitals. The paper takes a look at the reasons why the US government is so concerned with the lawsuits regarding malpractice and the effects they have on the economy, the medical profession, and the duty of medical malpractice lawyers. The paper discusses conflicting views regarding the victims and the rights they have to receive compensation, versus the abuse of such laws in frivolous law suits. Reform concerns and regulation action are being addressed by the government, however results are slow to come. The paper argues that it is important to try to understand the victims involved, both doctors and patients, and rule on case-by-case basis. It concludes that learning to recognize the fair from the frivolous and continually reviewing ethical standards for medical professionals is one way to fight malicious malpractice myths.

From the Paper:

"Another area of medical malpractice to consider is that of Medication malpractice. In 2004 Vioxx became the latest drug to be taken of the market due to its side effects. Vioxx has been reported to cause "blood clots, heart attacks, and strokes" (adrugrecall.com). Such lawsuits that are taken on to recover damages suffered by taking prescription drugs fall under "product liability". In most cases the manufacturer "knew the drug would cause harm" yet pushed for FDA approval despite the highly abnormal side affects (adrugrecall.com). Another example would be that of the drug Fen Phen. This example shows us the drug companies opt for making settlements rather than to sacrifice the name of their company and reputation. Fen Phen was a diet drug that was linked to cause heart valve problems. Like a gold rush in California, people rushed to claim their "pot of gold" and jump on the Fen Phen, I'm a victim bandwagon. While working in a law firm I was trained to ask people while doing an initial consultation on the phone, if their disability claims could have resulted from such diet drugs taken. If so, we would sign'em up and proceeded to make a claim in the winnings for them. At the end of the statute of limitations, we were rushing to file paperwork to ensure we met the deadline for what I called the "late bloomers". The general public get outraged when they find out a medication they were given by a professional could potentially kill them, yet with most medicines we take, there are always some risk involved."

Sample of Sources Used:

• Associated Press. "New Bankruptcy restrictions reach House floor for debate" Editorial. Columbia Daily Tribune on the web. 21 May 2005. 19 March 2005 <http://www.showmenews.com/2003/Mar/20030319Busi001.asp>.
• Bachorik, Lawrence. "FDA Announces Withdrawal Fenfluramine and Dexfenfluramine (Fen-Phen)" Food and Drug Administration on the web. 30 June 2005. 15 September 1997. <http://www.fda.gov/cder/news/phen/fenphenpr81597.htm>
• Bush, President George W. "President Calls for medical Liability Reform and Worker Pension Protection". President's Remarks. Whitehouse.gov news release. 21 May 2005. 7 August 2002. <http://www.whitehouse.gov/news/releases/2002/08/20020807-1.html>.
• Herbert, Bob. "Cooking up a Crisis". New York Times 25 June 2004; Late Edition. page 25: A5.
• Hebert, Robert. "Malpractice Myths" New York Times 21 June 2004; Late Edition. page 19: A1.

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