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Discussion 5 Medical Malpractice

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Running head: MEDICAL MALPRACTICE 1

Medical Malpractice

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Institutional Affiliation

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MEDICAL MALPRACTICE 2

Medical Malpractice

In the United States healthcare industry, medical malpractice is litigated in two major

ways. They include contributory negligence and comparative negligence. There are several

strengths and weaknesses that are associated with each method when dealing with medical

malpractice. Contributory negligence holds that if the patient contributed to the harm that was

caused, and then then no compensation should be offered. One of the major strengths of the

theory is that it protects medical professionals from medical malpractice that may have been

directly caused by the patient. Strength is that it ensures that patients are punished for actions

that may lead to medical errors. However, the theory is also associated with several weaknesses.

The first is that it can at times be difficult to prove contributory negligence. Another weakness is

that estimation of the compensation may not always reflect the damage that may have been

caused by the medical malpractice.

The second theory that is used in medical malpractice is known as comparative

negligence. In this theory, patients who caused the harm could also file for a malpractice. One of

the major strengths of this theory is that it helps protect patients from unscrupulous physicians

who may want to get away with medical malpractice (Sloan, & Chepke, 2014). Another

advantage is that it ensures that physicians are held accountable for malpractice. A huge

weakness of the theory is that it may at times be difficult to prove contributory negligence within

the healthcare setting. Another weakness is that the damages can at times be very high and this

may affect the future of a medical hospital that has been found of medical malpractice. In my

opinion, comparative negligence is the best theory in medical malpractice. This is mainly

because each party is accountable for their actions.

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Running head: MEDICAL MALPRACTICE Medical Malpractice Student’s Name Institutional Affiliation 1 MEDICAL MALPRACTICE 2 Medical Malpractice In the United States healthcare industry, medical malpractice is litigated in two major ways. They include contributory negligence and comparative negligence. There are several strengths and weaknesses that are associated with each method when dealing with medical malpractice. Contributory negligence holds that if the patient contributed to the harm that was caused, and then then no compensation should be offered. One of the major strengths of the theory is that it protects medical professionals from medical malpractice that may have been directly caused by the patient. Strength is that it ensures that patients are punished for actions that may lead to medical errors. However, the theory is also associated with several weaknesses. The first is ...
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Tags: causes of death Medical malpractice