In response to the increased cost and reduced availability of medical malpractice insurance, about one-third of the states have created Patient Compensation Funds (PCF), which are malpractice liability funding mechanisms. Under PCF statutes, the liability of healthcare providers and institutions is limited to a specified amount, and the state establishes funds to compensate success malpractice plaintiffs for damages in excess of that specified amount. The provider or institution buys basic malpractice limits of coverage from a private insurer and further coverage through the PCF.
What happens if, after a patient has been injured by the negligence of a physician, he or she goes to a second physician for treatment of the injury caused by the first doctor, and the injury is aggravated by the negligence of the second doctor? The answer may be surprising. Generally, the rule is that the first physician whose negligence caused injury is also liable for additional injury later caused by the negligent treatment that the patient received from the second physician, provided that the patient used ordinary care in selecting the second physician. The patient is not obligated to find the best physician available, but is only required to act with due care and good faith in selecting the second physician. Therefore, a negligent doctor is liable not only for the injury caused by his own acts but is also liable for any additional harm resulting from the manner in which reasonably required medical services are rendered.
When an emergency happens, we depend upon the emergency room staff for proper care. No matter what the symptoms, we expect the treating physicians and nurses to be able to accurately diagnose and take care of our complaint. However, studies indicate that over half of the deaths from medical malpractice related injuries in a single year result from emergency room errors.
In the world of commercial business, arbitration is a frequently used procedure for the settlement of disputes. The parties submit to one or more persons selected either by themselves, by a neutral body, or by statute, and the arbitrators investigate the issues in order to make a final and binding decision. Arbitration is used in place of legal proceedings, and it can be a less expensive and more efficient way to solve legal disagreements.
Non-economic Damages Caps in Medical Malpractice Suits
