Essay on "Types and Reasons for Malpractice Insurance"
Essay 4 pages (1234 words) Sources: 5
[EXCERPT] . . . .
370).The foregoing benefits and risks suggest that health care practitioners need malpractice insurance as discussed further below.
Is malpractice insurance necessary, if so who should pay for it?
Malpractice insurance is absolutely necessary for several reasons. To begin with, it is reasonable to suggest that like any profession, there is significant variance in the expertise and qualifications of health care practitioners and it is also reasonable to suggest that some practitioners lack these attributes to the extent that they are guilty of malpractice (Perry & Clark, 2012). In other cases, legitimate malpractice might be the result of an isolated medical misadventure by an otherwise expert but which nevertheless causes unwarranted harm. Likewise, because the courts are available to anyone, health care consumers are able to file a malpractice lawsuit whenever they believe they have received less-than-optimal care regardless of the merits of their case. For instance, according to Joel (2013), "There is little to stop a patient from bringing a malpractice lawsuit regardless of the ultimate merits of the allegations against the practitioner" (p. 500).
Taken together, it is apparent that there is an ongoing need for malpractice insurance to protect practitioners from career-ending lawsuits (Kritzer & Liu, 2014), but the question of who should pay for it is less clear, particularly when there are paraprofessionals involved or when practitioners practice in the public vs. private sectors (Brennan, 2013). In many cases, the employing health care organization is responsible for the provision of malpractice insurance to its empl
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Conclusion
The research showed that malpractice is defined as the failure of a professional to exercise the degree of skill and learning that is commonly applied under all the circumstances in the community by the average prudent reputable member of the profession, but this failure must result in some type of injury in order to be actionable. The research also showed that there are two basic types of medical malpractice insurance, occurrence which covers claims indefinitely and claims-made which covers claims only made during while the malpractice insurance policy is in force, with the latter type being the most common at present. Finally, the research was consistent in emphasizing the need for malpractice insurance but it was less clear concerning who should be responsible for paying for ii. In both the public and private sectors, health care organizations frequently assume responsibility for malpractice insurance coverage, but individual practitioners in both settings are also required to obtain and maintain their own coverage depending on the jurisdiction.
References
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Born, P. & Boyer, M.M. (2011, March). Claims-made and reported policies and insurer profitability in medical malpractice. Journal of Risk and Insurance, 78(1), 139-145.
Brennan, C. (2013, July). Ensuring ethical practice: Guidelines for mental health counselors in private practice. Journal of Mental Health Counseling, 35(3), 245-251.
Joel, L. (2013). Advanced practice nursing: Essentials for role development (3rd ed.). Philadelphia, PA F.A. Davis Company.
Jones, B.M. & Alt, A.J. (2014, October). Liability of insurance agents and brokers to third- party non-clients and recent developments. Defense Counsel Journal, 81(4), 369-373.
Kritzer, H.M. & Liu, G. (2014, March). An exploration of "noneconomic" damages in civil jury awards. William and Mary Law Review, 55(3), 971-977.
Perry, J.J. & Clark, C. (2012, July). Medical… READ MORE
How to Reference "Types and Reasons for Malpractice Insurance" Essay in a Bibliography
“Types and Reasons for Malpractice Insurance.” A1-TermPaper.com, 2015, https://www.a1-termpaper.com/topics/essay/need-medical-malpractice-insurance/1545126. Accessed 4 Oct 2024.
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