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Topic: The malpractice system: Fair to victims?

Order DescriptionTypically in the malpractice system in place in the U.S., plaintiffs with a lawyer who
pursue a malpractice action in court are the only parties who may receive a monetary
recovery. Additionally, in order to recover, the plaintiff must establish malpractice
meaning, in brief, that the defendant failed to act as a reasonable provider causing harm
to the victim. No recovery is allowed, for example, for bad results not stemming from
Review the article Uncovering the Silent Victims of the American Medical Liability
System (Cite: Shepherd, J. (2014). Uncovering the silent victims of the American
medical liability system. Vanderbilt Law Review, 67, 151-192.)
After reviewing the article write a paper from 4-5 pages in length double spaced
following the format listed below:
• In the first two pages, discuss whether you agree or disagree with the points
made in the article regarding difficulty of court access.
• In the remainder of your paper discuss whether or not you believe that we
should have some sort of victim compensation system in place whereby injured
patients may obtain funds without proving malpractice. This might be in place,
for example, to assist brain damaged infants following a difficult birth even if
there is no evidence the obstetrician did anything wrong. It might also be in
place to help injured patients who may be the victim of malpractice but cannot
find lawyers willing to proceed.

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