Medical Malpractice (Essay Sample)

Medical Malpractice Name Professor Institution Course Date Medical Malpractice The subject in question mainly revolves around the issue of medical malpractice, and in particular. To what degree the Texas courts dictate concerning it. Medical malpractice in itself refers to a level or degree of professional negligence, carried out by omission and in some cases by a merely irresponsible act, by a legalized health care provider. In so doing, the health care provider tends to offer and subject an ailing victim to treatment considered to poor standards, as compared to the particular standards acceptable by the medical community. As a result, the malpractice action causes injury to the patient and even death where extreme situations are concerned. The Texas legislature in the year 1977 passed a well-debated and conclusively deliberated act that provided for victims medical liability as well as insurance. It was put up with the main intention to offer subsequent response in occasion of a needy situation, to a particular case perceived with crisis in medical malpractice. The article of law that ruled over such scenarios brought with it pre-suit notification to the particular parties involved, professional reports that came by early, in the litigation process, as well as what would be termed as the most popular amongst all mentioned; a two- year statute governing limitations (Sayles, 2008). With time however, the statutes making law in Texas have continued to change, as some parts are considered unconstitutional for one reason or the other as of today. Other parts on the other hand have suffered judicial refining, that has sorted them either demolished, or re-structured to come out in a very different approach. As mentioned above, one statute that is often cited in court rulings that are meant to deal with the issue of medical malpractice in Texas is that of a two-year statute of limitations. When narrowed down, this is translated that, no medical malpractice issue in the state of Texas, may be brought fourth, after a period exceeding two years from the date of completion of treatment (Sloan & Chepke, 2008). It is not until recently, that the Texas courts have altered the statute rule, to accommodate less harsh ruling. This is so, as the statute of limitation provides that victims or rather minors under the age of twelve years have an extended period, up to when one turns fourteen, to file or raise a claim. The Texas state legislature goes a step further in the two-year statute of limitations for 75 days whereby the complainant, regardless of age or other factors may still send a notice letter (Bhat, 2011). Medical malpractice in Texas hugely faces repulsion, and with so doing, comes cases of comparative negligence. This is whereby; the state of Texas has adopted a doctrine, putting to consideration comparative negligence for malpractice claims in general. In this, the claimant is considered not in a position to file a claim against medical malpractice action affecting him or her, if at all, the percentage, or rather the degree of responsibility is greater than fifty percent. In a scenario whereby the claimants degree of responsibility is below half or in other words fifty percent or less, then the claim to be awarded, suffers being diminished in direct proportion with this percentage. The Texas law provides that the victim of malpractice or rather the wrongdoer suffer liability severally, as opposed to jointly, that is, with other wrongdoers concerned. This translates to, each defendant pays liability for one particular portion of the damage in question, similarly equal to the individuals percentage of responsibility. These laws however become lenient whereby, when the accused committer of medical malpractice pays up more than his or her share, or more than he legally should, he is awarded the right to contribution against his fellow co-defendants who are actually indebted to him for having paid up less than the percentage of liability entitled to them. The state of Texas has within its jurisdiction, three damage caps. In a medical malpractice situation, filed with the law on or after September 1, regardless of whatsoever number of reason asserted, non-economical damages and compensation add up to a total of two hundred and fifty thousand dollars from all relevant doctors and medical practitioners involved (Havill, 2009). Federal laws, to ensure that victims do not tend to be exploited unfairly, by those who may be considered to hold power in the medical sector, apply to counter medical malpractice. Studies reveal that, majority of physicians in the sector, expect to face claims against malpractice during their careers. However, it is also important to note that majority of these claims never lead to any compensation. The state of Texas faces repulsion from various associations, such as doctors groups, insurance companies, and patients as well, criticizing malpractice, with reference to it being as unnecessarily expensive, unpredictable and inefficient. The proponents of medical reforms of liability contend that medical malpractice lawsuits confine patients from accessing heath care. This is by driving physicians and other medical practitioners out of business. Medical liability reform in the state of Texas dates back to 2003....