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Aggressive malpractice environment may result in more harm

Pennsylvania patients who suffered harm during a surgery or medical procedure may be eligible to seek compensation by filing medical malpractice claims. There are supporters who argue that medical malpractice laws should be more strict in order to make it easier for patients to do so.

According to one study, a more aggressive medical malpractice environment does not influence health care professionals to provide patients with better care. Instead, the author of the study feared that it may influence doctors to practice more defensive medicine, meaning they may order more treatments or suggest unnecessary ones in order to minimize the risk of a medical malpractice lawsuit.

In fact, the results of the study showed that in states where doctors were more at risk for facing malpractice claims, the patients were 22 percent more likely to suffer a potentially fatal infection in the bloodstream, 15 percent more likely to suffer from acute kidney failure and 9 percent more likely to suffer pneumonia. However, the study could not find a consistent link between the malpractice environment and the type of surgical complications.

Surgical errors could potentially cause serious harm to patients. In some cases, they may be unable to work or live their life as they did prior to the surgery. However, not every surgical mistake constitutes medical malpractice. An attorney for a patient who has been harmed will need to demonstrate to the satisfaction of the jury that the error constituted a failure by the practitioner or facility to exhibit the requisite standard of care. This is often done through the use of opinion testimony by medical experts.

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