Is it necessary to punish malpractice?

Is it Necessary to Punish Malpractice? Student Name School Class Prof. Name Due date Is it Necessary to Punish Malpractice? In any community, trust is the foundation of relationships. In the case of areas where expertise affects a person’s health, freedom and wealth, trust is significant. This is particularly true for professions like medicine and law. That is, patients depend on doctors to save their lives, just as clients depend on lawyers. This great faith is protected by a standard of care that, if breached, makes the professional negligent or incompetent and the harm done is malpractice. Individuals should not only consider compensating the victim. Further, they should think of whether the offending professional ought to be punished. Hence the question: is it necessary to punish malpractice? Punishing bad behavior is necessary for accountability and having a powerful deterrent effect. It also restores public trust and is an essential component of a working, respectable profession even amidst some opposition. Primarily, punitive damages are necessary to ensure justice and accountability to those who suffer harm due to negligent conduct. In the opinion of Moukalled and Elhaj (2021), the only way of achieving justice and accountability, in reality, is through punitive measures against the professionals who have caused injury, damage to property and death. Just giving financial compensation is not enough in such settlements, sanctions like a license being suspended or revoked are more appropriate as it affirms the harm and breach of duty Jon (2023). Victims usually require a clear and public finding of fault in order to achieve closure and affirm the fact that the system recognizes harm. Moreover, the penalty confirms that the professional relationship is an ethical contract of duty whereby the provider’s primary duty is to the client or patient. It is not simply a service. Put simply, moral responsibility requires punitive validation to be satisfied. Secondly, punishment acts as a powerful and essential deterrent, effectively preventing future negligence across the entire professional domain. According to Amiram, Huang, and Rajgopal (2020), professionals in the field should maintain the highest standard of care to avoid losing their job through license revocation or heavy fines. Worrying about these serious repercussions, which cost much more than civil liability payment. It incentivizes self-monitoring and vigilance as per the findings of Jon (2023). Further, when disciplinary matters are made public, it incentivizes practitioners and institutions to improve their internal oversight and quality control on an industry-wide basis. Consequently, if there are no meaningful punishments, the professional life’s economic calculus will simply conside...