Medical Malpractice – United States Healthcare Industry Discussion

In the United States, all medical malpractice law is litigated and resolved in one of two ways. Each state will choose which theory (only one theory is chosen to be used by each state) used to resolve all cases within their jurisdiction. The first is the theory of contributory negligence. In this theory, the original law (and ancient law derived from the Common law of England) states that, under this doctrine, if the patient contributed at all to the harm caused by the medical professional, then the patient was not entitled to any compensatory relief. In other words, no suit for damages would be allowed against the medical provider. This theory insisted that only a completely blameless patient should have recourse against a medical professional.

The second theory is the theory of comparative negligence. This is the more modern doctrine. Under comparative negligence all injured patients could still file a malpractice suit even if the patient contributed to the harm caused. Therefore, if a doctor was 50% at fault and the patient was 50% at fault, the patient could still recover 50% of the damages from the doctor. Each state decides if there is a maximum percentage for which the plaintiff can be responsible and still receive compensation.

Set forth two strengths and two weaknesses for each of these theories and choose which one you believe to be the most just and why.

You can leave a response, or trackback from your own site.


10 Responses to “Medical Malpractice – United States Healthcare Industry Discussion”

  1. 사설토토 says:

    621628 79934The write-up posted was extremely informative and beneficial. You folks are doing a terrific job. Keep going. 935343

  2. 토토 says:

    958245 787898I discovered your blog web site on google and verify a few of your early posts. Continue to sustain up the superb operate. I simply extra up your RSS feed to my MSN News Reader. Searching for forward to reading extra from you in a while! 126867

  3. diamond art says:

    495605 292235I dont feel Ive seen all the angles of this subject the way youve pointed them out. Youre a true star, a rock star man. Youve got so a lot to say and know so considerably about the subject that I think you should just teach a class about it 474149

  4. shrimp says:

    976739 21129Hello! I just now would select to supply a enormous thumbs up with the excellent info you can have here within this post. I will be coming back to your weblog internet site for additional soon. 760232

  5. 180297 956220Wow, amazing weblog structure! How long have you been running a weblog for? you produced running a blog appear straightforward. The whole appear of your site is magnificent, neatly as the content material material! 468862

  6. 761509 856045several thanks for telling!. Truth is typically the best vindication against slander. by Abraham Lincoln.. 642618

  7. casino oyna says:

    668509 168585hey very good web site i will definaely come back and see once more. 866481

  8. Are not requiredPrevious: All products require creative rules.

  9. 223654 624536Intending start up a enterprise about the web involves revealing marketing plus items not only to women locally, yet somehow to several buyers who are web-based as a rule. e-learning 674097

  10. 549298 149627You produced some decent points there. I looked on the net for any problem and located most individuals goes in addition to with all your website. 488914

Leave a Reply

Powered by WordPress | Designed by: buy backlinks | Thanks to webdesign berlin, House Plans and voucher codes