Healthcare Inequality and Equal Rights: Rectifying Disparities in Medical Treatment by Pursuing Personal Injury Claims
Healthcare should be a right, yet many patients aren't getting the care they deserve due to negligence and systemic flaws. Here's how personal injury law plays a significant role in combating these injustices.
Medical Malpractice vs Social Justice
Simply put, medical malpractice happens when a healthcare provider falls short of the expected medical standards, leading to patient harm. These cases can be complex since they require medical expertise, often making social justice a distant goal. Victims have the burden of proof, but personal injury law offers a route for them to seek justice.
Impact on Patient Rights
When malpractice occurs, patients face more than just physical harm. They may also suffer economically and emotionally, especially victims from lower socioeconomic backgrounds. These groups often lack access to quality healthcare, increasing the risk of malpractice. Accountability is crucial to eradicate such practices, but many victims lack the resources to pursue legal action.
Compensation for Victims
For victims who successfully prove medical malpractice, compensation can be claimed under three categories: economic, non-economic, and punitive damages. Economic damages cover tangible losses like medical bills and lost wages, while non-economic losses address intangibles like pain and suffering. In severe cases, punitive damages may be awarded to deter future negligence.
Personal Injury Law and Healthcare Equality
Personal injury law serves as a safety net for victims of medical negligence. By taking action against the providers responsible for their harm, patients can fight for justice and make a stand against healthcare inequity. Many lawyers work on a contingency fee basis, ensuring that financial barriers don't deter victims from seeking legal help.
While personal injury law can't eliminate inequalities entirely, it provides a platform for victims to demand equal care. With the right legal guidance, victims can work towards a more equitable healthcare system.
[1] Medical Malpractice (n.d.). Retrieved from https://www.mayoclinic.org/diseases-conditions/medical-malpractice/symptoms-causes/syc-20355269
[2] What is Health Equity? (2021, February 22). Retrieved from https://www.cdc.gov/healthysocialskills/parent-resources/about/what-is-health-equity.htm
[3] How Much is My Medical Malpractice Case Worth? (2020, November 19). Retrieved from https://www.nolo.com/legal-encyclopedia/how-much-is-my-medical-malpractice-case-worth.html
[4] What Are Punitive Damages? (n.d.). Retrieved from https://www.injuryhelpnow.com/law-library/what-are-punitive-damages/
[5] Non-Economic Damages in a Personal Injury Case (2020, December 21). Retrieved from https://www.findlaw.com/ personal-injury/non-economic-damages-in-a-personal-injury-case.html
- In the context of healthcare, personal injury law is a crucial tool to fight against medical malpractice, a form of science-based error or negligence that leads to patient harm, and promote justice for victims who suffer from medical-conditions as a result.
- The impact of medical malpractice not only results in physical harm but also economical and emotional distress, especially for patients from lower socioeconomic backgrounds, often facing health-and-wellness inequities and a lack of access to quality care.
- Successful lawsuits resulting from proven medical malpractice can provide various forms of compensation, including medical bills, lost wages (economic damages), pain and suffering (non-economic damages), and punitive damages that aim to deter future negligence in therapies-and-treatments for mental-health issues and other medical-conditions.
