Analysis of Medical Legal Order as A Basis For Settlement of Medical Malpractice Disputes

This study aims to determine whether the medical legal order can provide a solution for resolving medical disputes carried out by doctors against health service recipients in hospitals. The absence of a malpractice law creates confusion in decision making when doctors become involved in medical disputes. As primary legal material, is has a strong legal basis in making decisions on sanctions that can be imposed on doctors who commit malpractice by violating the professional code of ethics or working not according to standard operating procedures. The methods used are normative legar research methods and library legal research by conducting critical analysis on primary and secondy legal materials. The results of the study have shown that malpractice acts committed by doctors have a clear legal accountability mechanism ,as regulated in Health law number 36 of 2009, law number 29 of 2004 concerning medical practice.Administratively all forms of malpractice committed by docors can be threatened with criminal,civil,administrative sanctions an fines. At a more final level, administrative sanctions from malpractice acts committed by doctors can lead to on revocation of practice license.

The ethics of practicing defensive medicine in Jordan: a diagnostic study

Background Defensive medicine (DM) practice refers to the ordering or prescription of unnecessary treatments or tests while avoiding risky procedures for critically ill patients with the aim to alleviate the physician’s legal responsibility and preserve reputation. Although DM practice is recognized, its dimensions are still uncertain. The subject has been highly investigated in developed countries, but unfortunately, many developing countries are unable to investigate it properly. DM has many serious ramifications, exemplified by the increase in treatment costs for patients and health systems, patients’ exposure to risks, and negative effects on the psychological health of both health providers and recipients. Ultimately, the most serious consequence is the ethical consequences. Methods This work is based on a review of the literature related to DM worldwide and a comparison with the available knowledge found in Jordan. It is qualitative with a descriptive nature, aiming to diagnose the current DM practice in Jordan. Results This is the first published article that discusses DM in Jordan by diagnosing its ethical and economic consequences for the health system as well as for patients. Despite the knowledge of the reasons that support its practice, little is being done to solve this issue. The absence of agreeable medical malpractice law, the dearth of unified medical protocols, the overwhelming pressure imposed by patients on medical staff, and the deteriorating patient-physician relationship are some of the causes of DM practice. Surely, the solution to these issues is to focus on fortifying the ethical and humanitarian aspects on the side of both the physician and the patient to ensure positive collaboration. The ethical aim of the physician to treat the patient faithfully and do what is possible to help combined with the appreciation of the physician’s efforts and the choice to not take advantage of the physician through litigation could be the most reasonable solution in the near future. Conclusion Jordan is suffering from DM due to the limited financial expenditure on the health sector and the impracticality of medical malpractice law. The authors highlight that the cardinal step in solving this dilemma is restoring the ethical dimension of the patient-physician relationship.

Software professionals, malpractice law, and codes of ethics

In pursuit of professional status for computing professionals.

Comparative analysis of medical malpractice law

This research presents the background of medical malpractice law, the tort of negligence with fault, tor of negligence without fault and wrongdoer’s in Vietnam in comparison with medical malpractice laws of some European countries. Vietnamese medical malpractice law has some similarities and noticeable differences to the other European countries. In particular, Vietnam has faced the lack of very important regulations in accurately determining the misconduct of medical practitioner such as standard of care, loss of chance, and strict liability. We propose future directions of possible amendments in the Vietnamese medical malpractice law.

No-Fault Versus Strict Liability Compensation Systems in Medical Malpractice Law in Vietnam in Comparision with Belgium, France, and England

Medical malpractice is a form of professional negligence and such a negligence forms part of the law of tort. As an alternative to the tort or fault-based system in medical malpractice, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. This is through the provision of fair, speedy and adequate compensation for medically injured victims. A no-fault compensation system allows patients to be compensated without proof of provider’s fault or negligence. Similar to no-fault schemes, the strict liability system is not fault-based although it belongs to tort law. Successful claims are paid in a uniform manner using a fixed benefits schedule and include compensation for both economic and non-economic (pain and suffering losses) without the necessity of proving negligence through a tort claim. This study focuses on the comparison of no-fault compensation systems versus strict liability systems between Vietnam to Belgium, France, and England. The distinctions in Belgium, France, and England can be the lessons for the development of a no-fault compensation system as well as strict liability system in Vietnam.

DEFENSIVE MEDICINE AS A RESULT OF MEDICAL NEGLIGENCE : A BRIEF OVERVIEW

Medical negligence is a topic in tort law which has been widely discussed as good, affordable healthcare, is greatly related to a nation’s proof of its valiant efforts to attain a developed nation from a developing status by providing state of the art health care available and affordable, to all levels of society. As a penalty in medical negligence, damages are met out to punish errant members of the medical fraternity by way of legal judgements in a court of law. In some circumstances members of the medical fraternity may also have their medical licenses suspended or revoked. Annually, medical negligence’s claim rates are inherently high and are expected to rise in tandem with patients’ awareness of their medical rights. Complication arises when the plaintiff in a medical negligence law suit face difficulties in trying to prove that the negligence really did occur. In obtaining access to medical records after a purported civil malpractice accusation, obstruction of justice is rife. They arise when blurred lines cross between obligation of doctor-patient confidentiality and the need to disclose patient’s medical records in order to securely obtain accurate sworn testimony of other medical practitioners. It is on the shoulders of the plaintiff, which in most medical malpractice law suits, rests on the patient (patients to the defendant doctors), to prove on a balance of probabilities that the breach of the duty of care did occur and from that breach, negligence had emerged, bringing about the claimed harm resulting in inherent damages suffered. High cost of litigation is also a common effect in medical malpractice law suits. This inevitably raises the insurance premium costs of all medical professionals, in general. These factors serve as impediments towards the plaintiff in obtaining justice. Hence, this paper will try to analyse the causes that has led to some of these problems. Also what will be the undesired effect caused by the difficulties in trying to prove that a medical malpractice has indeed occurred? The initial hypothesis to the matter is that it will cause negative effects to the livelihood of a patient’s life and seriously hider access to medical care. This paper will however only be focusing on one popular but ill-favouredeffect that is greatly deliberated on when medical negligence is discussed, which is defensive medicine. Defensive medicine is actually a reaction culminating from the fear of medical malpractice lawsuits by medical practitioners. Fear of facing or being taken action upon, has caused them to take necessary safe steps which is to practice defensive medicine to avoid such risk.