Medical Malpractice Theory

1563 Words 7 Pages
Literature Review:
Theory
The literature review is vital to the success of this paper as it will look at the past relevant theories and studies to help define important terms while theory in this paper will serve to help define medical malpractice. The first step is to determine when a doctor is liable to their patient, and the courts can use the entry rules (Stein, 2012) to help determine when a doctor is liable to their patients. Also entry rules also help determine when medical malpractice occurs (Stein, 2012), but the theory also acknowledges when these medical malpractices should be exempt with the creation of the exit rules (Stein, 2012). Ideally according to Stein's theory, medical institutions should govern entry rules as they
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For example, in Wright's study, they found that for every 100 patients, there is one patient that files a claim when they suffer from medical malpractice (Wright, 2011). A similar study conducted by The California Medical Association found even better results as one in every 125 patients suffer from medical malpractice (Wright, 2011). This is impressive as the law profession receives upwards to six claims of negligence per a 100 clients (Kritzer & Vidmar, 2015). The problem here and why these researches are relevant to this study's research question is that despite the low number of medical malpractice claims, there is actually a large amount of medical malpractice that exists; a notion supported by 30 years’ worth of empirical research (Kritzer & Vidmar, 2015). A potential cause for these low claims is that it is hard to establish medical negligence as the claimant would need to prove before the judges, causation beyond a reasonable doubt, the highest standard of proof in law (Hartwell, 2005). Often times, to prove causation, the claimant may need to seek out expert testimonies to demonstrate that the accused deviated from the standard of care (Stein, 2012), however Hartwell points out that these experts are reluctant to contravene their colleagues …show more content…
At my workplace, before every shift starts, workers must read a work logbook in order for them to catch up on the upcoming tasks and any events. With this in mind, by placing a flyer in the work logbook, it will serve two purposes, the first will be to gage the interest and to see if anyone is willing to participant in the study. The second purpose of this flyer is to identify those who fit the criteria similar to that of household screen techniques (Ritchie & Lewis, 2003). This is crucial as relying on the third party organization may not yield the desired population as these third party organization may find it hard to screen for the potential participants (Ritchie & Lewis, 2003) due to the medical records being highly protective, they will likely not be disclosed unless there is a valid and substantial need (Canadian Medical Association, 2014). Moreover, it would be cost-efficient way to screen potential participant since it is easily accessible, the work logbook, and it will not cost much to create flyer. In addition, the flyer provides the potential subjects with a brief overview of the goal of the

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