Should noncompliant patients be given the opportunity to sue their healthcare providers for malpract
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Nov 24, 2024
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Should noncompliant patients be given the opportunity to sue their healthcare providers
for malpractice?
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Should noncompliant patients be given the opportunity to sue their healthcare providers
for malpractice?
In order to ensure that patients are receiving the best possible care, it is crucial for
healthcare providers to be held accountable for their actions. Suppose a patient's health has been
harmed due to a provider's negligence or mismanagement. In that case, it is important that they
can seek financial compensation from their doctor (Theisler 2022). However, there are many
ethical and legal issues surrounding this concept. For example, some people believe that if they
are not compliant with their medical treatment, they should not be given the opportunity to sue
their provider for malpractice. This would mean that patients who refuse treatment or refuse to
follow doctors' orders could not sue doctors unless they were proven to have acted negligently.
Noncompliant patients should be allowed to sue their healthcare providers for
malpractice because it gives them a chance to obtain proper treatment and compensation if they
are harmed by the care provided by their provider. It also provides a check against those who
would seek to harm patients who might be seen as difficult or difficult to care for. According to
(Graham et al. 2020), allowing noncompliant patients to sue their healthcare providers will
provide a standard of care by which others can be judged and thus ensures that those who would
purposefully harm patients do not have free reign in the profession.
There are several reasons why patients might not be compliant with their doctors or
nurses. Some examples include patients with a mental illness that makes it difficult to understand
what to do or how to behave to receive proper treatment (Gong et al., 2020). The patient may not
also have a stable residence, which can make it difficult for them to comply with medical care
and follow through on appointments. Lastly, the patient may be unable to communicate
effectively with their healthcare provider because of impairment such as dementia or autism
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spectrum disorder (ASD). With all these reasons for patient noncompliance, it’s ethical that this
patient still be allowed to sue their healthcare providers for malpractice.
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References
Gong, J. M., Du, J. S., Han, D. M., Wang, X. Y., & Qi, S. L. (2020). Reasons for patient
noncompliance with compression stockings as a treatment for varicose veins in the lower
limbs: a qualitative study. PloS one, 15(4), e0231218.
Graham, D., Kelly, B., & Richards, D. A. (2020). Why patients sue doctors: lessons learned from
medical malpractice cases. Elsevier Health Sciences.
Theisler, C. (2022). Maximum Malpractice Protection: A Physician’s Complete Guide. CRC
Press.