Malpractice Suits
There are many professionals that require accreditation and/or formal licensing prior to practice. Among them are doctors and other medical practitioners, attorneys, accountants and financial or investment advisors.
The individuals who take on these leadership roles are bound by documented and accepted professional standards. If they do not exercise their duties in accordance with those standards, the party or parties who have engaged their services may suffer. The negligence or misconduct of the professional may lead to loss, injury or other damages which, in turn, may lead to malpractice suits.
There are many reasons for malpractice suits. In medical malpractice, for example, a doctor may be sued for failing to diagnose a disease, misdiagnosing or for what is termed wrongful death. Surgical, obstetric and medication errors may also pave to way to court. Malpractice suits against lawyers result from negligence in the performance of their duties such as failure to provide an adequate defense in a court of law.
Suing for malpractice is a difficult and expensive process. Consider a medical malpractice suit – a lawyer in such a suit will generally represent the client on a contingency basis, taking a percentage of the winning judgement as his or her fee. Malpractice lawyers will usually cover expenses such as the costs for obtaining expert testimony, expert consultation, records and more. However, plaintiffs in these cases need to understand clearly if they will be held responsible for the out of pocket expenses if the case is lost.
Due to the filing of an increasing number of frivolous malpractice suits, the cost of malpractice insurance is on the rise. In some states, including Florida, New York, and the District of Columbia, the cost of malpractice premiums has impacted on the supply of doctors in specialties such as gynecology and obstetrics. Some doctors now ask their patients to sign waivers, in advance of care, that state they will not engage in frivolous lawsuits.
Unfortunately, people may be spurred on by famous or celebrity malpractice suits. Ed McMahon settled out of court on a suit alleging failure to diagnose a broken neck from a fall. Dennis Quaid is suing in regards to his twins receiving an overdose of a drug called Heparin. Kanye West's mother died after plastic surgery and it has come to light that her doctor is the subject of multiple malpractice suits. All eyes have been on the Jackson family in regards to a potential malpractice suit against Michael Jackson's personal physician. Big names and big dollar judgements may do little to stem the number of malpractice suits filed.