Patients of all backgrounds have access to legal courses of action through personal injury law.
Getting healthcare is a fundamental human right. Unfortunately, many patients don’t receive the level of care they expect or deserve. This discrepancy of care is often a result of negligence by the healthcare provider. This could be doctors, nurses, hospitals, or other healthcare providers. In some cases, medical malpractice happens because of social and economic inequalities. This includes unconscious biases and systematic flaws that can influence medical decisions. Let us examine the critical role of personal injury law in addressing the inequities in healthcare.
Intersection of Medical Malpractice and Social Justice
Medical malpractice is when a healthcare provider fails to deliver the standard of care expected within the medical community, and this causes harm to the patient. This includes surgical errors, delays in treatment or diagnosis, medication errors, anesthesia errors, and other incidents that stem from negligence or wrongdoing. Medical malpractice cases are often the most challenging type of personal injury cases, as they are highly technical, and may require medical expertise. The challenges of such cases mean that social justice does not always prevail. The burden of proof that the healthcare provider was at fault is with the patient.
Social justice is built on the concept of fairness and equity. It means that everyone, regardless of their economic status, race, religion, or other factors, has access to the same opportunities and protections. When it comes to healthcare, social justice means every patient gets the same level of medical care. This means they get healthcare that meets ethical and professional standards. However, the healthcare system sometimes fails to deliver on this fundamental requirement of social justice.
Impact of Medical Malpractice on Patient Rights
When a victim suffers medical malpractice, they are deprived of their fundamental right to receive safe and timely care. One of the often contentious matters in medical malpractice cases is that victims claim they were never informed about the risks of the medical procedure. Patients have the right to be informed of the risks associated with treatment and to have their concerns addressed by medical professionals. Malpractice undermines these rights and erodes trust in the healthcare system.
Unfortunately, patients who belong to a lower socioeconomic status are at a higher risk of suffering medical malpractice. Healthcare facilities in underserved communities often lack adequate funding, resources, and staffing, which can result in substandard care. Additionally, healthcare providers may be overworked, increasing the likelihood that they deviate from the standard of care. Along with systematic biases, the staff in these regions could also suffer from implicit biases, which refer to unconscious stereotypes or prejudices that influence decision-making related to healthcare.
Patients not only have the right to receive fair healthcare but also the right to post-treatment care. Any negligence in the post-treatment can cause worsening health conditions.
Many people affected by medical malpractice don’t know their rights. They also lack the resources to take legal action. This is especially common in low-income groups and those with less education. Without legal help, victims can’t hold those responsible accountable. This allows negligence to continue and keeps health inequalities in place.
What Compensation is Available To Victims?
Patients who suffer medical malpractice due to social injustice have the right to seek compensation for their losses. They can claim compensation for all damages that were a direct result of medical malpractice. The compensation typically falls under three categories – economic damages, non-economic damages, and punitive damages.
Economic damages include medical expenses such as the cost of hospital stays, surgeries, physical therapy, and medication. If the patient needs long-term care, then the total cost of compensation can increase significantly.
Other economic expenses include lost wages due to the victim’s inability to work during recovery. If the victim suffered permanent disability or another condition that prevents them from earning at the same capacity, they can seek compensation for loss of earning potential. Other economic expenses include financial losses in the form of assistive devices and home modifications necessitated by the injury.
Non-economic expenses include all types of suffering related to mental health. Medical malpractice due to social justice can have a long-lasting impact on mental health. The victims can suffer from depression, anxiety, stress, and other types of emotional distress. In some cases, the victims may suffer from loss of enjoyment of life due to the diminished ability to participate in activities or experiences that previously brought them joy. All these different damages can be included in a personal injury claim.
If the actions or inactions of the healthcare provider were deliberate or particularly reckless, then punitive damages could also be awarded in the case. The aim of awarding such damages is to compensate the victim for their loss and to deter such behavior in the future. Punitive damages in personal injury cases are rare; however, if the victim can provide evidence to support their claim, then they might be eligible for punitive damages.
How Personal Injury Law Addresses Healthcare Inequities
While no law can completely eliminate the existence of social injustice due to health inequities, personal injury law provides a legal framework for patients to seek justice. Under personal injury law, victims can file a lawsuit against the healthcare provider that they claim caused them harm. Personal injury law also provides deterrence to negligence. Healthcare providers who are found guilty of negligence face serious consequences, including suspension of their medical license, fines, and imprisonment.
Patients of all backgrounds have access to legal courses of action through personal injury law. They can consult an injury lawyer in Dallas to understand how the law applies to their case and what options they have to get justice. Victims who cannot afford legal representation can seek personal injury attorneys who work on a contingency fee basis. Based on this system, the clients would only pay the attorney if the case is successful. If the victim doesn’t have the legal grounds for a medical malpractice case, the attorney can guide them on the alternatives, such as workers’ compensation claims or health insurance claims.
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