HCA 322Health Care Ethics & Medical Law Text:Bustillos, D. (2013). Health care ethics and medical law Respond to classmates.
Examine their explanation of our justice system in relation to promoting or protecting against frivolous lawsuits. Discuss whether or not their explanation can apply to medical malpractice.
Your responses should contain at least 100 words. Nancy I believe that our justice system supports frivolous lawsuits. Money drives everything in our country. People are "sue happy", treacherous, and greedy. Ridiculous claims are made against others and the claim is given a sense of legitimacy.
On the other hand, some cases seem extremely important as the person suing seems to have a verifiable issue, just to find that the person was lying or they had tried to do the same thing in the past. The word 'frivolous' is defined as "lighthearted" or "playful" and a case described as 'frivolous' seems to be a losing fight which would never even be heard in court, but to the surprise of many, they are, and even further, they win judgement.
Before filing a lawsuit, one must assess whether or not it is worth spending the money on attorney fees. Court filings are extremely expensive. If the case is even a little bit risky, the chance of losing is high. When it comes to healthcare, consent and signatures are everything, so trying to fight against a healthcare system or an arbitration agreement is very difficult.
Most healthcare facilities take great care in managing consent forms and a signature, so suing is almost impossible when it comes to matters of "frivolity". Not to mention, healthcare systems usually have more money and attorneys on retainer for instances just as these.
One should never sue unless they feel as if they have been harmed through malpractice and they can prove the wrongdoing without a question. References: Bustillos, D. (2013). Health care ethics and medical law [Electronic version].