Do Not Blame Malpractice Lawyers For Increased Malpractice Claims
More and more legal representatives are becoming specialized as malpractice lawyers as the number of claims this area of law continues to proliferate
. As a result, medical and legal professionals are starting to take very little risk in the care or representation they provide, ultimately to the detriment of their patients or clients. Most people would agree that they do not want their physician or dentist take big risks when it comes to their medical care. At the same time, there are certainly occasions where a gun-shy doctor is not the type of physician you want. For example, if you gave birth via C-section and want to try for a VBAC (vaginal birth after caesarian) the next time around, you may want a doctor that is willing to consider a VBAC if physically possible rather than a doctor more afraid of a lawsuit than what might be medically feasible. Similarly, if you have an attorney representing you in a case, you want that attorney to be an avid advocate and pursue your claims with skilled fervor. You do not want your attorney fearing Malpractice claims around every corner such that your attorney takes the easiest road at every turn and ultimately causes your case to have a less favorable outcome.
The reality is that as the area of malpractice law has grown, conduct of those professionals who may be affected has changed drastically. You now see doctors, lawyers and dentists basing their care and conduct not on what is necessary medically or legally or in the best interests of the client/patient, but rather on how to best avoid Malpractice claims and lawsuit. This does not mean that these professionals would have ordinarily violated their professional standard of care. However, numerous cases of Malpractice claims have put fear into these professionals to the extent that they no longer are truly engaging in their profession with the dedication and zeal that likely got them interested in their chosen profession in the first place.
This gap must be bridged so that the quality of medical care and legal representation is not compromised, yet at the same time those professionals who do not act in accordance with the generally accepted standards set forth for the medical, dental and legal fields are held accountable for their actions. After all, malpractice lawyers are in this particular field to protect the rights and Malpractice claims of those who have been wronged and injured as a result of misdiagnoses, faulty surgeries, and other procedures, or in legal malpractice, incompetent legal representation.
Arguably, the level of care provided by a physician or the level of representation provided by a lawyer should not change simply due to a rise in Malpractice claims. The fact is that the level of care or representation provided should always be the same, to wit, one that complies with, and hopefully exceeds, the standard of care in the industry. Unfortunately, the reality is that these professionals often alter their behavior and practices in response to their fear of having such a claim made against them, which could even result in them violating the standard of care. It should be remembered that it is not the malpractice lawyers that have created this fear, but rather the conduct of the professionals who have given rise to Malpractice claims in the first place.
by: Sunil Punjabi
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