Did you know that medical mistakes are the third-highest cause of preventable deaths?
Physicians are responsible for the wellbeing of their patients and this involves giving them the best care possible. Unfortunately, the nature of healthcare makes the possibility of serious errors quite high.
Doctors are often overworked, which impacts their judgment and ability to function. In a constant high-pressure environment, it’s a lot for any person to manage and this results in mistakes.
While errors are understandable, negligent mistakes that cause serious injury or death are known as medical malpractice. When medical malpractice occurs, this opens up a physician to legal action should the victim or their family choose to sue.
Understanding medical malpractice begins with figuring out what causes it. We’ll look into this below to give you some insight into the problem.
The first way a serious error can happen is through distraction.
Similar to how distraction can cause a car accident, doctors must always be focused on the patient at hand to give them the best treatment possible. Failing to do so means that they don’t have a full grasp of the situation.
In a doctor’s office, many things can result in distraction. Whether it’s a nurse popping in for an update, receiving a page, or something going on in their head, it’s easy to lose focus.
Despite this, physicians must do their best to give you their undivided attention. Much of what they have to work with is what you tell them, but also what you show them.
If a doctor is not carefully watching you, then they may lack the information needed for a proper diagnosis. Distractions make this likely, meaning that some medical malpractice cases can be linked to it.
One of the leading causes of medical malpractice is exhaustion and general fatigue.
Because doctors are so overworked, they often end up pulling long shifts and this will physically tire any human being. It also affects their mental capacity, which leads to poor decision making.
Being fatigued is incredibly dangerous because it can be compared to being intoxicated. This level of mental and physical impairment is hazardous, especially when it’s affecting someone in charge of making medical decisions.
The problem here is that almost any doctor you find is likely fatigued. The number of skilled medical professionals pales in comparison to the total population and those that need assistance.
Considering this, errors caused by exhaustion are natural. That said, they are still considered medical malpractice. Doctors must manage their fatigue levels and avoid working if they cannot think straight, but it often isn’t simple to do.
Poor Mental State
A poor mental state can also lead to medical mistakes.
Exhaustion is one good example of an affected mental state. A tired doctor is likely to be grumpy, impatient, and disinterested, as is anyone who wants nothing more than to go to sleep.
Many more aspects of a doctor’s daily routine can also impact their mood and mindset. They may have personal distractions or be affected by an interaction with another patient. Being a physician is highly taxing and will surely take a toll on anyone.
This creates problems because a poor mental state affects a doctor’s ability to diagnose their patients. If they aren’t thinking clearly, they may not pursue something that should be looked into.
Alternatively, a physician may fail to listen to the patient. This can cause them to make assumptions and prescribe treatment that causes complications.
While having an affected mental state as a physician is understandable, it cannot impact how they treat their patients. When it does, it will be considered medical malpractice.
Lack of Experience
Medical malpractice can also originate from a lack of experience.
Becoming a doctor is a lengthy process entailing several years of education and hands-on experience. It is a long journey for anyone to take and many people do not finish.
Those that do become the physicians that treat you. Despite going through this process, there is simply so much information for a doctor to learn. There are thousands of different conditions and symptoms to be aware of.
It is inconceivable for any doctor to know everything. Especially if a physician is fairly new, like a resident, they won’t have enough experience to properly handle every situation.
Unfortunately, this lack of experience means that every doctor will make mistakes throughout their career as a result of their ignorance.
While a lack of knowledge is a bitter pill to swallow, a physician has the responsibility to learn as much as they can about their patient and their condition. They should consult with peers and other resources to find an appropriate treatment plan.
If an injury or death is caused by a lack of experience, it will be deemed as medical malpractice.
Lastly, inadequate regulations and oversight can also easily cause physicians to make mistakes.
Because many physicians are often overworked, this usually means that hospitals are understaffed. With this in mind, understaffed facilities cannot possibly have adequate oversight.
If every doctor is focused on their patients, who is overseeing them? While doctors do not need to be micromanaged, it helps to have regulations in place that prevent avoidable errors.
For example, an exhausted doctor may forget an important step in a routine procedure. If a policy was in place that each standard procedure had checklists that must be precisely followed, then a skipped step would never occur.
Many hospitals lack the resources to provide the necessary organization and regulation to ensure smooth operations. This trickles down to physicians and impairs their ability to effectively treat their patients and avoid mistakes.
While the structure of hospitals should be improved to prevent them, avoidable mistakes are medical malpractice.
Doctors and medical professionals are some of the most important workers in the world. They keep us healthy and provide treatment when ailments and injuries occur.
These physicians are obligated to give their best effort to keep you safe. If they do not act in alignment with this, then their behavior can be determined as medical malpractice.
A few causes for medical malpractice include distraction, exhaustion, poor mental states, a lack of experience, and inadequate regulations and oversight.
Medical malpractice is shockingly easy considering the factors affecting a physician each day. With this in mind, understand that your physician is human and consider getting a second opinion for anything that doesn’t seem right.
Limited Options for COVID-19 Vaccine Injury Victims
Rolling out vaccines and booster shots across the U.S. marked crucial milestones in terms of healthcare and fighting the spread of COVID-19. However, an essential element is still missing: legal recourse for those who experience serious adverse side effects.
Current COVID-19 Vaccine Injury Claims
Currently, there are more than 1,300 pending injury claims related to side effects from the COVID-19 vaccine. They are waiting to be heard by the Vaccine Injury Compensation Program, a government tribunal that handles public health emergencies.
To date, this tribunal has only handled two such cases. One alleged the plaintiff suffered from severe tongue and throat swelling following the vaccine, while the other alleged long-term shoulder pain. Plaintiffs lost both cases and were denied compensation.
Given the comparatively new nature of the COVID-19 vaccine, it is challenging for plaintiffs to prove that their injuries directly resulted from the vaccine. Combined with the lack of research on long-term side effects, it is unlikely that plaintiffs will be able to meet this burden of proof anytime in the near future.
How COVID-19 Vaccine Injury Claims Are Handled
Of interest is that claims related to the COVID-19 vaccine are being heard by the Countermeasures Injury Compensation Program (CICP) instead of the Vaccine Injury Compensation Program, a no-fault government tribunal; known colloquially as “vaccine court.”
Formed in the late 1980s, the Vaccine Injury Compensation Program responded to diphtheria, pertussis, and tetanus (DPT) vaccine claims. Pharmaceutical companies were listed as defendants in lawsuits related to vaccine side effects. However, the government created a separate entity to handle such cases when manufacturers threatened to stop producing vaccines altogether.
The Centers for Disease Control and Prevention (CDC) clarified that the Vaccine Injury Compensation Program could not hear cases until the COVID-19 vaccine has been recommended for routine administration to children, per a 1986 vaccine law. Additionally, the COVID-19 vaccine would have to be subject to the same 75-cent tax imposed on other vaccines.
Compensation From the CICP
There are several differences between the two tribunals, which plaintiffs claim make the CICP inappropriate for COVID-19 vaccine injury litigation. Of these, compensation is one of the biggest causes for concern.
The Vaccine Injury Compensation Program has awarded injured plaintiffs more than $4 billion since its inception. In comparison, the CICP has only awarded compensation for 29 of 455 cases— that means that 92 percent of plaintiffs are deemed ineligible or denied compensation. Compensation ranged from $31 to nearly $2.3 million, with a median award of roughly $5,600.
This is partly because compensation options from the CICP are much more limited. Plaintiffs can only claim lost wages and out-of-pocket medical expenses up to $50,000 per year or death benefits up to $370,376 in the case of a vaccine-related fatality.
Differences Between Vaccine Injury Compensation Programs
Below are other key differences between the Vaccine Injury Compensation Program and the Countermeasures Injury Compensation Program:
- Plaintiffs do not have the opportunity to testify in court
- There is no independent judge or jury present
- Pain and suffering-related damages are not covered
- There is a limited right to appeal one’s case
This means that plaintiffs who file a case related to injuries allegedly caused by the COVID-19 vaccine are offered less compensation, less legal representation, and less recourse through appeals as opposed to plaintiffs who file a case for injuries caused by any other vaccine. Still, if you are experiencing symptoms related to the COVID-19 vaccine, it may be in your best interest to speak with an injury attorney.
- Interview with Omar Choudhury: The 22-Year-Old Million Dollar Business Growth Expert August 16, 2022
- Benefits of Using Dry Suction Technology For Gear Equipment August 14, 2022
- Traumatic Brain Injuries A Common Occurrence In The US. Here Is Why August 13, 2022
- Limited Options for COVID-19 Vaccine Injury Victims August 13, 2022
- Why Accidents Involving Self-Driving Cars Are So Complex August 13, 2022
- Dangerous Dog Attack Lawsuits: What You Need to Know August 13, 2022
- Gun-Related Deaths Surge During the Pandemic August 13, 2022
- Tribal Loans in US market August 11, 2022
- The marketing industry is dominated by Aidan Sowa August 9, 2022
- Ali Mustafa Ahmad’s Story Truly One Of Rags To Riches; Filled With Inspiration Towards Those Seeking Change! August 9, 2022
Tech1 year ago
Effuel Reviews (2021) – Effuel ECO OBD2 Saves Fuel, and Reduce Gas Cost? Effuel Customer Reviews
Tech3 years ago
Bosch Power Tools India Launches ‘Cordless Matlab Bosch’ Campaign to Demonstrate the Power of Cordless
Lifestyle3 years ago
Catholic Cases App brings Church’s Moral Teachings to Androids and iPhones
Lifestyle2 years ago
East Side Hype x Billionaire Boys Club. Hottest New Streetwear Releases in Utah.
Tech4 years ago
Cloud Buyers & Investors to Profit in the Future
Lifestyle2 years ago
The Midas of Cosmetic Dermatology: Dr. Simon Ourian
Health3 years ago
CBDistillery Review: Is it a scam?
Entertainment3 years ago
Avengers Endgame now Available on 123Movies for Download & Streaming for Free