Some six percent of doctors are responsible for nearly 60 percent of all medical negligence, yet the civil justice system is the only effective means for holding them accountable. Other disciplinary mechanisms are inadequate, according to the American Association for Justice.
State medical boards are supposed to discipline doctors who consistently violate standards of care, yet two-thirds of doctors who make 10 or more medical negligence payments are never disciplined. Hospitals are on the front lines of patient safety, yet nearly half of all U.S. hospitals have never reported a disciplinary action to the National Practitioner Databank.
Compensation systems, such as health courts, propose eliminating or greatly sidelining disciplinary systems altogether. While health courts could be advantageous, some question whether they would adequately address the needs and rights of injured patients.
The civil justice system holds doctors, hospitals and insurance companies accountable. This accountability drives the development of patient safety systems that help prevent negligence before it occurs. Hospitals, health systems and even entire medical fields have reformed dangerous practices because of the civil justice system.
In Illinois, the strict medical laws have helped those who suffered from medical malpractice. While every state has medical malpractice laws, Illinois has several different clauses clarifying the criteria when a patient can file a lawsuit. A case falls under medical malpractice prosecution if the malpractice happens by a doctor, a healthcare professional or an institution; when the standards of taking care of a patient are breached, or when it causes an injury or death of a patient.
Understanding these laws is critical if a plaintiff is to propose a legitimate and potentially successful medical malpractice claim. If you know anyone who has allegedly been injured or suffered adversely due to medical negligence, encourage them to contact an experienced Chicago medical malpractice attorney as soon as possible. After proper analysis of the case, they may be able to help the victim or family survivors get the justice they deserve.
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