Medical Malpractice Caps
Traci Dunaway
Dr. Tilly
English 111340
23 October 2012
Caps on Medical Malpractice Suits
Medical malpractice cases have been on a steady rise. Malpractice has affected most of the United States resulting in an increase on insurance premiums for physicians and a decrease in important specialist. Medical malpractice cap reforms have been adopted by several states across America due to these increases and decreases. Malpractice caps should not be put on medical malpractice cases because the caps cover up the real problem of patient neglect, injury, and being able to get better health care. Instead of coming up with solutions in America to reduce medical malpractice and neglect, the physicians are given a slap on the wrist and allowed to continue practicing in the same field of medicine that the malpractice was in. Joan Butsko went to a doctor for a routine mammogram where a doctor missed a malignant lump. The missed lump allowed cancer to go into a stage of untreatable cancer. Butsko lives every day now knowing that she will probably die and that the cancer could have been treated if caught sooner (Schmitt). In 1999 at a Hospital in New York, an infant suffered brain damage due to the neglect of a resident doctor. Gaelle Prindilus, now a woman, suffered brain damage that could have well been prevented if the doctor would have practiced a more precise, caring, and professionalism. At Harlem Hospital in New York Prindilus’s mother went to see a physician for pregnancy care. The hospital failed to do a sonogram for the pregnant mother which resulted in Prindilus being born with brain damage. The sonogram could have prevented this brain damage by showing earlier that the umbilical cord was tied around the neck of Prindilus (Emery). In the case of Butsko there was a medical malpractice suit filed by Butsko and the attorneys. In the end, Butsko was awarded only $250,000 (Schmitt). The award may seem nice but after paying for attorney fees and expenses
Dr. Tilly
English 111340
23 October 2012
Caps on Medical Malpractice Suits
Medical malpractice cases have been on a steady rise. Malpractice has affected most of the United States resulting in an increase on insurance premiums for physicians and a decrease in important specialist. Medical malpractice cap reforms have been adopted by several states across America due to these increases and decreases. Malpractice caps should not be put on medical malpractice cases because the caps cover up the real problem of patient neglect, injury, and being able to get better health care. Instead of coming up with solutions in America to reduce medical malpractice and neglect, the physicians are given a slap on the wrist and allowed to continue practicing in the same field of medicine that the malpractice was in. Joan Butsko went to a doctor for a routine mammogram where a doctor missed a malignant lump. The missed lump allowed cancer to go into a stage of untreatable cancer. Butsko lives every day now knowing that she will probably die and that the cancer could have been treated if caught sooner (Schmitt). In 1999 at a Hospital in New York, an infant suffered brain damage due to the neglect of a resident doctor. Gaelle Prindilus, now a woman, suffered brain damage that could have well been prevented if the doctor would have practiced a more precise, caring, and professionalism. At Harlem Hospital in New York Prindilus’s mother went to see a physician for pregnancy care. The hospital failed to do a sonogram for the pregnant mother which resulted in Prindilus being born with brain damage. The sonogram could have prevented this brain damage by showing earlier that the umbilical cord was tied around the neck of Prindilus (Emery). In the case of Butsko there was a medical malpractice suit filed by Butsko and the attorneys. In the end, Butsko was awarded only $250,000 (Schmitt). The award may seem nice but after paying for attorney fees and expenses
Cited: Bovbjerg, Randall R., and Stephen C. Schoenbaum. “Malpractice Reform Must Include Steps to Prevent Medical Injury.” Annals of Internal Medicine: 51-54. Academic Search Premier. Web. 20 Sept. 2012. Emery, Ryan T. “Unwise and Unnecessary: Statutory Caps on Non-Economic Damages in Medical Malpractice Cases and the Appellate Review Alternative.” Albany Law Review: 913-46. Academic Search Premier. Web. 19 Sept. 2012. This journal entry starts off by summarizing a case of medical malpractice. Encinosa, William E., and Fred J. Hellinger. “Have State Caps on Malpractice Awards Increased the Supply of Physicians?” Health Affairs: 250-58. Academic Search Premier. Web. 19 Sept. 2012. Liang, Bryan A., and Lilan Ren. “Medical Liability Insurance and Damage Caps: Getting beyond Band Aids and Substantive Systems Treatment to Improve Quality and Safety in Healthcare.” American Journal of Law & Medicine: 501-41. Academic Search Premier. Web. 19 Sept. 2012. Mehlman, Maxwell J. “The Same of Medical Malpractice.” Journal of Legal Medicine: 17-32. Academic Search Premier. Web. 20 Sept. 2012. Schmitt, Christopher H. “A Medical Mistake.” U.S. News & World Report: 24. Academic Search Premier. Web. 20 Sept. 2012. Silversides, Ann. “Fault/No Fault: Bearing the Brunt of Medical Mishaps.” CMAJ: Canadian Medical Association Journal: 309-11. Academic Search Premier. Web. 20 Sept. 2012. Svorny, Shirley. “Mandatory Caps on Medical Malpractice Could Doom Patients.” USA Today Magazine: 68-69. Academic Search Premier. Web. 20 Sept. 2012.