<%@LANGUAGE="VBSCRIPT" CODEPAGE="1252"%> What should I do about Medical Malpractice?
 
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What About Medical Malpractice?
 
 
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Malpractice is a frightening issue. Good healthcare can be challenging enough to obtain and undergo for the best result. But then we hear about harmful mistakes and enormous financial malpractice settlements. What additional risk and worry does that create when you need treatment from a doctor, or when your family is referred to a surgeon? How can you be safer?

As Power Patients we want to focus on the whole path to the best health. We don't want to miss anything to improve our health. The kind of malpractice we have to worry about is not only dramatic tragedy, but also when our health or that of our loved ones could have been made better by known treatment or avoidable error. And it turns out formal malpractice suits cover only a portion of what we need to protect against. To get a better handle on this challenge, we prefer to use a different, broader term, “missed health” which we nickname MiH. This is health we could have had and should have had, if only the right steps were taken.

How common is missed health or malpractice? It happens at all levels for all reasons. Even President Franklin Delanor Roosevelt is thought to have had  a missed diagnosis of heart failure that was tragic, and we know  the uninsured can be victims of malpractice too. Whether it strikes those high up or low down on their luck, the problem is the complexity of human disease and human limitations. The best approach to this is based on two old aphorisms: common men rise to uncommon deeds by teamwork and an ounce of prevention is worth a pound of cure. We want to build a preventive style through teamwork. What should you do for those you are responsible for?  We have developed a system from seeing all three sides of malpractice, the clinical caregiver side, the patient’s side of consequences and the  legal process side.

This approach to malpractice is not only more important to you than  strict legal malpractice, it makes it  easier to identify ahead of time and much more likely to be of benefit to you and your family. Your chances of being protected will be far better. We are not trying to promote more of an adversarial approach between patient, physician and attorney. Rather we want less of one. Instead of  a blame game carried out too late, we want to act recognizing that  medical care is not yet just science, it depends on human beings with frailties of both the care giver and the care receiver. Gaps can occur from both sides, and we can avoid them with a proactive plan and a full Power Patient team. This will give you better and safer healthcare, and if you still have a problem you will have a better chance in court because of your efforts. But first we want to discuss the malpractice you see in newspapers and media productions.
Legal malpractice is a situation in  medical practice where the law says four conditions are met: Under the law you need all of these four components to be met for a lawsuit to succeed:
1) Duty to the patient,
2) Breach of that duty,
3) Causation of the problem by the breach, and
4) Injury left by the breach.
Whether these are true  is quite technical and will depend largely on the medical records. Whether you have a lawsuit and whether it will win depends on these rules. But here is the little understood fact: a very small percentage of real or imaged malpractice events ever get to being tested by the rules, and a small percentage of those come to trial, and only some of those are awarded money years later. That money usually is not enough to make up for the loss in medical expenses or any other measure of quality of life and life’s needs. We have looked at what are the best approaches by a patient, and how to get the best result from the legal process as well. It has it's own pitfalls. It takes being proactive to come out ahead in that arena as well. Want to prevent malpractice? Apply Power Patient rules to your health care and gain now, rather than lose now and fight to make up lost ground later.

  1. How prevention and teamwork can protect us amidst modern medicine
  2. Step by Step to avoid missed health.
  3. When legal remedies are needed, how to get the best
  4. What happens on the other side of a lawsuit

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