June 10, 2011

Suitable Alternatives to Medical Malpractice Cases

Medical malpractice cases are costing doctors and hospitals millions of dollars every year. A New York Medical Malpractice Lawyer explains that this is making it much less desirable to become a doctor in the first place. Many doctors will also leave states which have high cases of medical malpractice cases because of the high costs.

The doctor says that people have been trying to revise the healthcare malpractice cases for a very long time. Around 30 years ago a Law professor suggested a series of alternatives which could be used to manage the liability of medical providers.

The idea proposed by the lecturer was liability by contract. This was a much safer condition for patients and doctors alike. The liability by contract should work by deciding exactly what will happen if there are any problems with the treatment before anything begins. This means that it will be much easier to resolve the cases.

This is a very common feature of many other types of contracts and relationships. However, when it comes to the medical industry this type of contract is never heard of. By mentioning dispute resolution procedures in the contract it would be much easier to manage any problems as and when they arrive. Cosmetic surgery is the cause of many malpractice suits.

The New York Medical Malpractice Lawyer mentions that hospitals have tried similar things in the past. They have asked many patients to sign disclaimers which waved the patients right to sue the hospital if anything went wrong. However, these were said to be worthless because judges frequently dismissed them from court. The basis for dismissing these was because the judges decided they were not informed about what they were signing.

People have suggested voluntary contracts which doctors and hospitals can decide whether or not to use. These no fault contracts will allow families and patients to be compensated for deaths and injuries. Lawyers and doctors in Brooklyn and The Bronx have discussed these no fault contracts for some time.

At the moment, if a person feels that they have had poor medical treatment and want to get compensation then they will have to sue them and file a case in court. However, by implementing these contracts it will be much easier for people to get the compensation if they deserve it.

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