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Promoting or protecting against frivolous lawsuits

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HCA 322 Health care ethics and medical law Text: Bustillos, D. (2013). Health care ethics and medical law Respond to classmate.

Examine their explanation of our justice system in relation to promoting or protecting against frivolous lawsuits. Discuss whether or not their explanation can apply to medical malpractice. Your responses should contain at least 100 words. Jessica Even after watching the videos, I do not believe the justice system promotes frivolous law suits.

Over a good amount of time, there were many complaints about the hot coffee not having warnings. McDonalds decided to ignore the customers complaints up until they got a lawsuit. Let's be honest, it was just a matter of time before something like this would happen. The elderly woman did not plan to give herself the third-degree burn to get money out of McDonalds. The elderly woman "sought $20,000 in damages," in which McDonalds refused (Top Ten Frivolous Lawsuits). McDonalds refused, which they ended up having to award her $160,000, because it was only 20% her fault and 80% her fault, otherwise it would have been $200,000.

A frivolous law suit can be defined as a lawsuit where there is no justification or merit. It usually contains one private party against another private party. Elements that should be considered prior to filing a lawsuit include; there must has to be no legal justification for bringing on the suit and no possible law in which the law suit could be based. "There is a difference between a frivolous lawsuit and a lawsuit that is necessary to protecting human rights under the law, and the latter far outweighs the former, which is nothing more than an infrequent outlier" (Frivolous Lawsuits).

Other considerations to take into account are the ethical considerations surrounding these lawsuits. These ethical considerations in the health care are that we must be aware and mindful of people's intentions. Also, that we should strive to act ethical towards our consumers so there won't be a need for frivolous claims against hospital personnel.

References "Frivolous Lawsuits and The Justice System - Fisher Stark Cash | Asheville, NC Business & Personal Injury Attorneys." Fisher Stark. N.p., 27 Sept. 2016. Web. 03 Aug. 2017. "Top Ten Frivolous Lawsuits." Legalzoom.com. N.p., 15 Sept. 2014. Web. 03 Aug. 2017.

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The most interesting thing that I liked about about the post given is that it discussed in detail about the elements that are necessary to consider while filing a lawsuit.

Reference no: EM131591196

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