Posted by Fadi Huzien.
The article “Debate On Medical Malpractice Lawsuits,” discusses the intricacy of a singular aspect of business law that involves the controversial aspect of medical malpractice lawsuits. The primary reasoning behind the controversial nature of medical malpractice lawsuits is that they can be perceived from a beneficial and optimistic standpoint in the notion that if a medical professional is negligent then the victim would be able to receive some outlet of financial compensation to justify the negligent actions the physician took towards the patient/victim.
Conversely, however, there are many individuals seeking to intentionally profit off of a malpractice lawsuit in the immoral and unethical attempt to make as commonly referred to as a “quick buck.” In the article, the author eloquently articulated, “Some states have been gradually chipping away at medical malpractice laws seen by some as too plaintiff-friendly. For instance, a New York law limits the size of contingent fees in medical malpractice cases, thus reducing the financial incentive for plaintiffs’ attorneys.” This quote illustrates the belief that there are a multitude of profit-seeking individuals who aspire to take advantage of this law, which was originally created to empower the victimized individual or to allow financial compensation in a civil case to pay the families of the victims in the event of harm that had occurred due to the physicians negligence. As the quote portrays, contemporary legislatures are seeking to minimize this immoral mentality and reduce wrongful malpractice lawsuits that focus on making a significant profit by opportunistic individuals who are suing the doctor in a “get rich quick scheme.”
This article reveals that there is no simple black and white solution for these issues, because there are truckloads of gray areas. Although malpractice lawsuits are occurring in civil cases with righteous reasons and there are a wide spectrum of patients who became victims under the negligence of the physician operating on them, there is a wide-spectrum of profit-seeking fools who are filing malpractice lawsuits in the hopes of getting a financial benefit that the individual should not receive in the first place. In conclusion, this article summarizes both aspects to this controversy and insightfully portrays both sides of the controversy.
“Debate On Medical Malpractice Lawsuits.” Salem Press Encyclopedia (2013). Research Starters. Web. 7. Feb. 2015.
Fadi is a double major in nutrition food science and exercise science at Montclair State University, Class of 2015.