Revolutionizing Medical Malpractice Liability Systems

Improving Transparency Enhances Patient Care

Abstract

Excessive legal regulations create environments within medical communities that encourage concealing medical errors, thus hindering the learning opportunities from these mistakes. The application of common law – based on precedents – and civil law unaffiliated with medical knowledge poses a threat to the proper analysis of medical malpractice cases, as there exists a lack of medical knowledge and astute professionalism regarding the complexities contained within the mistake committed. This investigation aims to demonstrate the importance of fostering an environment of transparency regarding medical errors to improve the learning experience that comes with making grave errors, improving patient care, and refining medicine. This qualitative investigation employs a documentary analysis design, incorporating descriptive content analysis and interviews to explore the current state of medical malpractice liability systems. The results reveal that excessive legal regulations and the monetarization of malpractice cases hinder the proper analysis of medical errors, leading to increased costs and a shift in focus from patient care to lawsuit prevention. The study concludes that for this environment to be attained, the medical malpractice liability system must undergo modifications such as the adequate application of common and civil law in a malpractice court case, the implementation of health courts or panels of medical professionals to correctly analyze each case, and begin to try doctors on the bases of several other factors involved with the mistake being made to broaden perspectives and minimize bias. The study reveals that the monetarization of malpractice through frivolous malpractice cases of cases being filed has not only frustrated millions of physicians but has raised the prices for medical insurance and medical malpractice insurance, posing a threat to the focus of medicine as it shifts toward the prevention of potential lawsuit rather than providing the best care. This investigation elucidates the importance of revolutionizing the medical malpractice liability systems to construct a forthright patient-doctor etiquette to refocus medicine toward its ultimate goal: ensuring optimal patient.