Sample Essay on:
Medical Malpractice: Criminal Not Civil

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Essay / Research Paper Abstract

A 5 page paper which examines how and why medical malpractice should be treated as a criminal issue, not a civil one. Bibliography lists 2 sources.

Page Count:

5 pages (~225 words per page)

File: JR7_RAmalpra.rtf

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Unformatted sample text from the term paper:

that people have no way in which to protect themselves from medical malpractice other than through insurance companies. Realistically if someone does another person harm they should be up against criminal charges and not have to go through an insurance company. We trust our lives to doctors and as such they should be responsible, financially and morally. The following paper examines how and why medical malpractice should be a criminal issue, not a civil one. The paper examines why it is currently a civil issue as well. Medical Malpractice Interestingly enough, we find that medical malpractice is, in some cases, "a misdemeanor...because, it breaks the trust which the patient has put in the physician, and tends directly to his destruction" (Lectric Law, 2004). However, for the most part it is a civil problem that does not really involve the same area of concern as a "real" crime. There are generally three different types of medical malpractice. There is Willful malpractice "which takes place when the physician purposely administers medicines or performs an operation which he knows and expects will result in danger or death to the individual under his care; as, in the case of criminal abortion" (Lectric Law, 2004). Another type is a very common one and it is Negligent mal practice. In this form of malpractice there is considered to be no criminal intent or dishonest behavior. However "gross negligence of that attention which the situation of the patient requires: as if a physician should administer medicines while in a state of intoxication, from which injury would arise to his patient" (Lectric Law, 2004). The last type is Ignorant malpractice which is as the name suggests a form of malpractice done from a lack of information or ignorance. A physician may prescribe, for ...

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