This research paper includes the complete analysis of what malpractice is and how it is pertaining to different regions of U.S. Malpractice occurs when a professional does not deliver quality services to the client which in result causes great harm to them. Malpractice is getting more common every day and many individuals are getting victimized of this illegal activity. In the past several years, for example, many obstetrician-gynecologists are limiting their practices to gynecology only, and neurosurgeons and other subspecialists are limiting the sizes of their practices or are refusing to perform complex surgical procedures.
Table of Contents
Introduction4
What is Malpractice?4
Discussion4
Criteria of Malpractice5
Pediatricians6
Malpractice cases and handling7
Pain and Suffering7
Disability or Deformity7
Emotional Stress and Mental Fatigue8
Financial Miseries8
Death8
Laws pertaining to different regions9
New York9
Georgia9
Utah11
Montana12
California13
Dealing with ambulance chasers14
Conclusion14
References16
Pediatric Medical Malpractice
Introduction
What is Malpractice?
Malpractice is carelessness of duty by an expert or a professional. In a situation, where a professional has failed to deliver his services to the proper level of care, skill and diligence is known as malpractice. Malpractice causes harm to customers and patients who are using the service of a particular professional. Usually, a professional can be charged with malpractice if he falls short to execute his or her specialized obligation or duty to a task, such as an operation or a normal check-up. The performance of an expert is compared with the performance of other experts of the same field, and if he fails short to deliver the same quality of service which is being delivered by other experts, that person's action is accused as malpractice. Malpractice can be performed by any professional delivering services, but commonly Malpractice is used for attorneys, lawyers, accountants and surgeons. Other professional cannot be seized for malpractice but for carelessness (Kum Martin, 2009). Occurrence of Malpractice arises for a variety of reasons: Some are intentional and aim to give unjust benefit in an assessment. Some are instances that arise due to unawareness of the set of laws, negligence or absentmindedness in applying the regulations and some take place due to the force of conditions that is away from the control of those involved (www.lamda.org).
Discussion
Following are the common examples of malpractice:
Impersonating a learner or conniving at impersonation
Falsifying results sheets, report forms or certificates
Holding qualifications of various universities, in which they are not enrolled
Deliberately withholding results and/or certificates from learners
Deliberately falsifying records or providing false information in order to claim certificates (Stimac, 2010)
Criteria of Malpractice
The international law recognizes an activity as Malpractice if the situation meets certain criteria discussed below.
If there was a breach in the norm of expert practice in which the laws recognizes that there are certain legal standards that are to be followed by the professional. These principles of professional conduct are mainly recognized by the ethics regulations of the state bar association. In legal circumstances, an Attorney is obliged to their clients and the bar association is responsible for maintaining quality standards. The clients have the right to get accurate and quality services from the Attorney. The attorney has the responsibility ...