Medical malpractice is one of the most important causes of death in developed countries. So much so that, in the United States, there are studies that suggest that medical malpractice is the third cause of death, only behind heart and oncological diseases. As many as 250,000 people per year are estimated to die in the U.S. alone as a result of medical errors.
Investment in Health
Undoubtedly, the solution to this alarming situation lies in greater investment in health, as well as the establishment of continuous training programs for health professionals in the prevention of medical negligence. However, the trajectory followed in recent years seems just the opposite. Instead of providing greater resources to the public health system, it is increasingly depleted both in investments and professionals.
The Second Option
A second option, obviously less desirable, is the fact that, once the negligence has occurred, the victims or their families do not calm down and, either in the form of a complaint to the competent body, or by initiating a judicial procedure, claim for it. Thus, in addition to obtaining the corresponding compensation for the negligence suffered, the various administrations will be forced to provide greater means to the public health system. This is because even when the compensation is paid by insured companies, the premiums will rise, and the administration will have no choice but to take measures to prevent it.
Other things that cause medical practice are experiments with treatment. This is something that has to be done, but with great care. Within the experimental treatments, there are drugs for experimentation ( also called research). These refer to those medicines that have been tested in the laboratory and used on animals and that have been approved by the competent body, giving the approval for the treatment to be tested on people. However, these experimental treatments cannot be advertised or commercialized in their experimental phase.
Normally, access to an experimental drug will be through a clinical study. Participating patients receive complete information and are carefully monitored. The data collected in a clinical trial helps researchers know how the drug behaves in people and whether it is safe and effective. There is a second route of access to drugs, known as compassionate use access, that is, an experimental drug outside of clinical studies to treat serious or life-threatening diseases.
Medical Malpractice in Experimental Treatments
The two most common types of medical malpractice in these cases are those referring to the lack of informed consent (either in the form of total or partial absence) and the delay in the diagnosis of possible complications.
Regarding the first of them, the total absence of informed consent is usually very unusual. However, partial omissions in the process of information present cause greater incidence, existing in these cases a violation of the right to self-determination of the person.
The second type of medical negligence related to experimental treatment would be constituted in those cases in which a complication occurs throughout treatment and despite this, the therapeutic diagnostic measures that proceed for its diagnosis and early treatment are not taken immediately.
Seek An Attorney
Although medical malpractice will not be eliminated, it can be reduced by medical professionals following a certain protocol and giving patients the right to discovery. If you find yourself with a medical malpractice case, it is best to speak to a medical malpractice lawyer.