Case study: Failure to properly monitor or supervise
Upon reviewing the case, it was reported that the patient— a 45-year-old male with a history of traumatic brain injury (TBI), limited use of extremities and contractures of his left elbow and shoulder1— was unattended during aquatic therapy as the physical therapist (PT) was assisting another patient. After allowing the patient to walk around the pool by himself holding onto the handrail, a physical therapy aide found the patient submerged. CPR was administered by the physical aide and the patient was taken to the hospital where he remained for about one month to get treatment for adult respiratory distress syndrome and aspiration pneumonia.
Although the patient was wearing a flotation life
It was rightly said by Richard Seizer “If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish.” For a patient, the doctor is like God. And, the almighty can never commit any mistake but that is what the patient thinks or believes. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake, but committing a mistake due to one’s own carelessness is defined as negligence. The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is
Explain the issue or dilemma using information from the readings in the book and other sources.
What ethical principles were impacted? What was the ethical duty of care to Lewis? How was it breached?
In the essay “When Doctors Make Mistakes” written by Atul Gawande, he writes a first-hand account of mistakes made by himself and his colleagues. The essay is divided into five parts, each named to the narrative and emotions of the story he would tell. In each story he tells, he uses such vivid language that we as readers feel as if we are one of his colleagues. Each section has its own importance to the whole point he was trying to get across, ““All doctors make terrible mistakes” (657).
Malpractice is defined as improper, illegal, or negligent behavior that falls below the professional minimum standard of care or service for a patient or a client, when injury or loss has been suffered by patient or client.(Merriam-Webster) Malpractice happens when you turn a blind eye to the wrongdoing in a healthcare setting, also known as omission. Omission is when you fail at doing something that you have a legal obligation to do.(Merriam-Webster) Malpractice essentially has four parts, duty, breach, damages, and causation. (“The 4 Elements of Medical Malpractice”) Duty, what you owe the patient, as a healthcare professional. Breach, what is owed to the patient when they are breached by the responsible party. Damages,
The term "medical negligence" is often used synonymously with "medical malpractice," and for most purposes that's adequate. Strictly speaking though, medical negligence is only one required legal element of a meritorious (legally valid) medical malpractice claim.
There is a widespread assumption that only physicians can be found guilty of medical malpractice. However, nurses are now required to have malpractice insurance, as well. The Cambridge Dictionary defines malpractice as “the failure of a doctor or other professional to do his or her job with a reasonable degree of skill, esp. when that person’s actions or failure to act causes injury or loss” (n.d., def. 1). There are some lawsuit-happy people in today’s society that seek lofty payments for malpractice claims, on the other hand, a vast amount of malpractice lawsuits are justifiable.
There is nothing traumatizing in the world has adding pain to where it already exists. This is the hell situation which every medical error victim is exposed. As the statistics are currently showing, the fatalities are increasing day by day. The trend seems to be hiding on the old ideology of “man is to error”. However this is not being tolerated any more and the American medical facilities are being held 100% accountable for the mistakes they make in their service delivery. Professional diligence is not a matter of negotiation in this generation and probably future generations. If a medical facility cannot treat people diligently, then the only better option remaining for that facility is to be made to account for the losses they have caused on affected patients and be closed down immediately.
For healthcare providers, there is no word that elicits as much frustration, fear and anger as much as the word “malpractice.” Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence. In order to prove that there was some type of negligence going on you must show that:
Unprofessional Conduct according to the Arkansas State Board of Nursing is detailed in ASBN Rules and Regulations, Chapter 7, Section XV, #6. The section states the following conduct are considered unprofessional. Failing to assess, evaluate, and intervene, Incorrect documentation, Missappropriation of residents property, Medication and Treatment errors, Performing or attempting to perform procedures that the nurse is untrained to do, Violating confidentiality. Neglect/Abuse or failure to report these incidents, Failing to report violations or attempted violations to the ASBN, Inappropriate delegation of duties, Failing to supervise, Practicing when unfit.
The purpose of this essay is to reflect and critically study an incident from a clinical setting whilst using a model of reflection. This will allow me to analyse and make sense of the incident and draw conclusions relating to personal learning outcomes. The significance of critical analysis and critical incidents will briefly be discussed followed by the process of reflection using the chosen model. The incident will then be described and analysed and the people involved introduced. (The names of the people involved have been changed to protect their privacy) and then I will examine issues raised in light of the recent literature relating to the incident. My essay will include a discussion of communication, interpersonal skills used in the incident, and finally evidence based practice. I will conclude with explaining what I have learned from the experience and how it will change my future actions.
Negligence and malpractice are terms that many use interchangeably, but the meanings are very different. Healthcare is one practice that has been in existence for centuries whether informally or formally. Since the first birth of any kind, the nurturing and caring of each other man or beast utilized the methods available to restore or maintain life. Since the 19th century, instructional school for nursing was established, streamlining the institution of health care today. In the previous centuries, caring for the sick was not the industry we know today. One did not worry about negligence and malpractice lawsuits, but today one has to be knowledgeable and aware of the implications of both negligence and malpractice in the 20th century practice of healthcare. This paper will explore the difference between negligence, and malpractice, and what one can do as humanly possible, to avoid being the subject of either. It will explore the importance of accurate and adequate documentation and how important it is for nurses to maintain Professional
It is shocking to know that every year 98000 patients die from medical errors that can be prevented(Kohn, L. T., Corrigan, J. M., & Donaldson, M. S. (Eds.), 2000). Medical errors are not a new issue in our healthcare system; these have been around for a long time. Hospitals have been trying to improve quality care and patients safety by implementing different strategies to prevent and reduce medical errors for past thirty years. Medical errors are the third leading cause of death after heart disease and cancer in America (Allen, 2013). In addition medical errors are costing our healthcare system an estimated $735 billion to $980 billion (Andel, Davidow, Hollander, & Moreno, 2012).
A tort is generally defined as a civil wrong which causes an injury. “Medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient” (Nordqvist). Meaning medical malpractice is a tort. The lack of media coverage on medical malpractice has made the public unaware of how stern this problem is becoming. It’s a serious issue that needs to be brought to light. Many lose loved ones because of a mistake caused by certain healthcare professionals. A wide variety of situations can lead to a medical malpractice claim. From failing to tell the patients the side effects of a prescribed medication to leaving
Hospitals are a necessary part of every individual's life. When one thinks of hospitals, help comes to mind (Hospitals Struggle to Keep Their Promises). Neither a person's age, ethnicity, nor economic background should matter when it relates to access to healthcare. Everyone will need hospital care at one point in their lives, no matter how healthy one may think he or she is. That is the reality. Unfortunately, many of these organizations are in danger. "Hospitals are experiencing a period of financial duress unprecedented in recent history. The number of hospitals that have closed their doors is at an all-time high, and many more might close within the next few years" (Moore et al, 1999). It is ironic to think that the institutions such as Faith Community Hospital that provide healthcare and even save lives, face severe problems. Problems that must be addressed early to avoid jeopardizing an individual's access to healthcare should those same problems lead to the hospital's demise.