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Monday, November 26, 2012

Laws and Ethics in Psychology

There are many laws that control how psychology is used in our country. Most of these laws cover a variety of ethical problems that those in the field of psychology often face. There are certain codes and rules a psychologist must follow to protect patients as well as the public. These ethical principles not only help guide mental health professionals, but they also protect both health professionals and patients facing a wide variety of problems and difficulties. Professionals in the mental healthcare field may see many problems day to day in their careers, so many of these laws help guide them in making tough decisions.

Informed consent is an example of a law in the ethics of mental health care and psychological research. This particular law has been created in order to help protect patients and their family members. This law also serves as a guideline to researchers and mental healthcare professionals on how to properly treat and inform patients. Following laws such as informed consent laws help professionals protect themselves against medical malpractice suits as well as giving them guidelines to follow in the case that the medical professional is unsure how to handle a particular situation with a patient.

To a researcher, the laws surrounding informed consent may seem harsh, they are made to protect those who are naive to any consequences of any treatments and studies. Luckily, there are many loopholes in these laws and these loopholes are kind of built in to protect patients, their families, mental healthcare professionals, and psychological researchers.

Take this into consideration: a woman that has been involved in a terrible car accident. In order to survive, the woman requires major surgery. However, the woman is unconscious and unable to legally consent to the surgery. Should the doctor break the law and perform the surgery to save her life or should he do nothing and let the woman die (and have the situation on his mind for perhaps the rest of his life?) According to informed consent laws, the woman must be able to consent to treatment, but there is a loophole for this. In order to save the woman's life there is a loophole known as the Hippocratic Oath. This particular loophole has been created in order to save a person's life in situations such as this. Under the Hippocratic Oath, a promise that doctors make to ethically treat patients, a doctor will give the woman the treatment she needs to save her life.

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What Damages Does a Medical Malpractice Claim Cover?

Was your child the victim of a birth injury? Did a doctor made a surgical error that caused you significant injury? Did a case of misdiagnosis mean that you were not able to receive the treatment you needed? Medical malpractice is a serious issue in the U.S. No-one is perfect and it has to be expected that mistakes will occur in hospitals and medical facilities. It is when those errors display gross negligence and carelessness that something should be done. Negligence in a medical malpractice case means that another doctor who was in the same situation would have acted differently.

Why is it important to file a medical malpractice claim? One reason is that it holds the guilty individual responsible for what they have done. This could ensure that the same tragedy does not affect another person. Another reason it is so important to file a claim is because it can allow you to get the finances necessary to get back on the road to recovery. In the wake of a medical malpractice case, the victim can be left facing mounting bills and expenses.

In a medical malpractice case, damages can be awarded for different elements. First is medical expenses. The amount of medical costs the victim has had to deal with will be calculated and the sum will be added to the award. Depending on the case, the victim may also receive compensation for the estimated amount of money they will need to cover medical costs in the future. Especially in cases where long-term care is required, the award for future medical costs could be substantial.

The burden of medical costs could be compounded due to the victim's inability to work. Based on how many months they already had to take off of work as well as how many months or years they will not be able to work in the future, the court could include this amount into the final verdict. Not all consequences of a malpractice case can be so easily calculated. Physical pain and mental pain and suffering can be compensated for. Things that will be taken into consideration include the loss of enjoyment they may incur because of their injury.

In cases where the victim of medical malpractice does not recover and dies as a result of their injuries, the family members they left behind could be entitled to some type of compensation. Even though no amount of money will ever be able to make up for the loss of a loved one, it is still important to pursue justice. A wrongful death lawsuit could take into consideration loss of salary, loss of companionship, medical expenses, funeral costs, and mental pain and suffering.

Not Failing When Doctors Fail

There really is such a thing as maternal instinct. Any mother will vouch for that. We reach out to snuggle our newborn baby and form a special mother-child bond right from the get go. Mothers are first to know when their baby is crying or ill and will be there for him to comfort and help heal him.

New mothers will also be the first to admit that they certainly don't have a corner on all the knowledge required to keep their baby happy and well. Her instincts will tell her something is wrong, but not always how to set it right. This is when she will turn to her baby's doctor for help. After all, this is what they toiled away for eight years in medical school to do.

Sad but true, some of those doctors after spending all that time and stress to become leaders in the medical field of their choice stop learning. They do not keep up with the latest in medical technology. When this occurs, they start making grievous errors. When an accountant or soccer coach makes an error, there will be hell to pay, but unlike a doctor's mistake, it won't be fatal.

Television abounds with ads that tell you if you took a certain drug while pregnant and your child suffered birth defects to call the advertised attorney to join a class action suit. Pregnant mothers and their unborn infants are unusually vulnerable to drug side effects. Everything that enters mommy also enters unborn baby. Doctors are aware of this and prescribe any drug carefully and with some reluctance. Some doctors, that is. The ones that keep current in their field of medicine are aware, others may not be.

When a doctor's mistake turns into a birth defect involving your infant, it is time call an attorney. You should do this not because the attorney can heal your baby, no one can, but a good attorney can fight for you to secure money for the continuing medical care your baby will require perhaps for the rest of his life. Raising a sick child with special needs is demanding enough without stressing also over mounting medical bills.

A strong law firm on your side will fight to get you money that will help pay for any medical bills you or your child might need, and compensation for the income lost when a parent is no longer able to work because they need to be with their child. Lawyers know how difficult this situation can be so they work hard to get you the money you will need to care for your child. They know how to use the legal system to your advantage so they can get you as much money as possible.

Parents love and protect their children and make things right when they go wrong. There are times when we just can't do it alone because we do not have expertise in the area where we need it. This is when friends, family and doctors come in. We trust doctors to do no harm to us or our child. When this trust is broken it is time to turn to the legal experts.

We did not fail as parents. The doctor failed us. The best thing to do now for our afflicted baby is to hire a reputable law firm specializing in malpractice law. They will be on our side fighting for the right of our child to give him the best care he can get.

Claiming For Cosmetic Surgery Compensation

Cosmetic surgery procedures are becoming more popular by the day and more people are choosing to go under the knife to feel better about the way they look. Men and women spend huge amounts of money on cosmetic surgery, which is an industry that makes billions every year, despite the current recession.

The most popular cosmetic surgery procedure by far is breast augmentation and women have 90 percent of all cosmetic procedures in the UK. Among the men who take up the other 10 percent, rhinoplasty (nose surgery), liposuction and gynaecomastia (man boob reduction), are the most popular procedures.

More and more private surgeries are popping up due to the increased demand in cosmetic procedures, and although most private surgeries are reputable and run by fully-qualified professionals, there are occasional horror stories where you hear about surgeons getting their patients in and out as quickly as possible to make as much money as they can. It's important to remember that every surgeon should provide their patients with the expected level of care.

A cosmetic surgeon should:

Be qualified: You should do the appropriate research to make sure your surgeon is fully-trained and qualified to perform cosmetic surgery procedures. Bear in mind that prior to April 2002, training was not a legal requirement, hard to believe, we know. Make sure you can get your surgeon to provide the necessary documents so you know they are reputable.

Be clear with the benefits and risks of the procedure: Your surgeon should properly inform you of all the risks of the procedure and should not give you unrealistic expectations, "This surgery will change your life" - the surgery won't change your life but it may give your self-confidence a boost.

Give you time: the surgeon should allow you space to think about whether you want to go through with the surgery once you are aware of all of the risks. Undergoing cosmetic surgery is a big decision and should be thought through thoroughly.

Make you aware of the alternatives: Your surgeon should make you aware of any alternative procedures that could help you so you don't have to undergo surgery.

Cases include extreme or unsightly scarring, lopsided breasts from breast augmentation, nerve damage from facelifts and a perforated bowl from incorrect procedures during tummy tucks.

All cosmetic surgery procedures carry risks and complications and if something has gone wrong, it doesn't always mean you can claim compensation. Some operations will leave unsightly scarring, but in most cases, you will have been informed of this before you chose to have the operation. You will need to prove the level of care fell below what is expected in order to claim for cosmetic surgery compensation. If you feel you have been treated during your cosmetic surgery procedure, you should contact a specialist lawyer to help you with your case. Medical compensation cases can be traumatic, especially if you've experienced physical and psychological damage, contacting a specialist will ensure you are properly looked after and given the right guidance regarding your claim and other support you may need.

Has Medical Malpractice Happened To You?

Medical malpractice is usually a term that's used when dealing with court cases, where a medical procedure goes wrong, or someone gets injured in some way, and a lawsuit is brought up. But what exactly is considered to be a medical malpractice, and how does the process go? Let's see what usually happens in these cases, how the court proceedings happen, and what you should know if this happens to you, so you can be prepared and ready to face any eventuality.

A medical malpractice is when a doctor or other medical professional makes a mistake, or does something that they weren't supposed to do, and this in turn causes undue pain or even death. If it resulted in an injury, and you were the patient, then you would be the defendant in the suit. If it resulted in death, then it becomes a wrongful death lawsuit, and the defendant is usually the executor or a family member. The core of most such cases usually focus on whether or not a medical error happened, and who was responsible. In order to establish that a medical malpractice did happen, you will have to prove four factors. First, you need to show that a legal duty exists whenever the hospital or clinic starts a medical procedure, that the medical provider failed to conform to the standard care, the breach of duty was the cause of the injury, and actual damage occurred such as an injury, financial loss, or death.

Usually, when someone wants to sue for medical malpractice, they need to hire a lawyer, and that lawyer files paperwork in a district court. The plaintiff has the burden of the proof, and needs to show to a judge or jury that a medical malpractice happened. This can be done through expert testimony, case law, and witnesses. Usually, these types of cases are brought against doctors and other medical professionals, along with the hospital or clinic. Both have large insurances to handle these cases, because these cases happen very frequently. If you end up winning, or a settlement is reached, both punitive and compensatory damage can be issued by the judge, and you may get a financial compensation based on each specific case.

If you think you've been the victim of medical malpractice, then there are many professional lawyers that can hear your case, and help you decide what your chances are. The majority of cases get settled, and it can be worth it to file these types of lawsuits in some cases. Your best chance is to consult a lawyer, and see what him or her about your particular case.

Should You Make A Medical Negligence Claim?

When we have been mistreated by a medical professional we are entitled to compensation via a medical negligence claim. However, many people are reluctant to make such a claim. There are a number of reasons for this.

Not Knowing Your Rights

Some people aren't even aware that they are entitled to make a medical negligence claim if they have been mistreated, misdiagnosed or received poor care. Of course, the medical profession isn't going to shout about the fact and so patients are largely unaware of their rights. It IS the case, though, that if you have suffered because of poor treatment then you CAN make a claim.

Not Knowing If You Qualify

A lot of people are understandably unsure if they qualify for medical negligence compensation. It is a complicated area of law but if you feel you have suffered physical or mental symptoms as a result of poor care, misdiagnosis, poor treatment or even bad advice then it is worth contacting a medical negligence solicitor so they can review your case and advise you accordingly.

They will establish if the person or institution had a duty of care towards you, whether or not they failed in that duty of care and the level of suffering you have experienced. All of this will help determine if you have a case or not and what level of compensation the solicitor will seek on your behalf.

If you do have a case they will then be able to progress medical negligence claims on your behalf and you can look forward to some level of compensation that will aid you in your recovery.

Feeling Guilty About Suing

Medical practitioners are, in the main, people we trust. This especially applies to GPs and midwives but even they can make mistakes. However, because of the trust we put in them and the often close relationship we can have with them some people find it very difficult to bring a claim when a mistake is made.

We don't want to think that we'll be ruining the career of a GP we've known all our lives or a midwife that had done a great job but made one small mistake. This is perfectly understandable, but it doesn't change the fact that there is still a case for medical negligence and the compensation that can follow.

Patients should remember that they won't be receiving their compensation directly out of the pockets of their GPs or other medical people, they will be paid out of the substantial insurance that every medical professional has. It is also unlikely that any careers will be ruined unless the mistake was incredibly serious and the professional is deemed unable to do their job - in which case, you are doing future patients a favour by removing them from harm.

Whatever your feelings about the likelihood of having a case or doubts about suing, speak to a specialist medical negligence solicitor to get the best advice there is and to ensure that you you receive the correct level of compensation should it be determined that you have, indeed, suffered from some kind of medical mistake.