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Medical malpractice and how patients and physicians are affected
Essay medical malpractice
Medical malpractice and how patients and physicians are affected
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Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice …show more content…
In this situation, Ms. Fielding was taken to the hospital for an emergency caesarean section. Granted the story does mention if Ms. Fielding initially wanted to deliver her baby at home, but the story never mentioned the reason for the patient being transported to the hospital. Hypothetically, if the patient was already in labor at home, could the lack of oxygen to the brain begin while she was at home? The story does not mention how long the patient was in labor at home. Obviously the Hospital was found negligent in this case due to the amount of time that the patient waited to deliver the baby. Not only are hospitals required to care for emergency patients, but they are required to do so in a timely fashion (Pozgar, 2012, p.254). The delayed delivery is the main reason Ms. Field’s was awarded a substantial restitution of $55 million dollars for future medical care of her mentally and physically disabled …show more content…
The record contained sufficient proof of causation to support a verdict in favor of the plaintiff when an expert obstetrician testified that both obstetricians were negligent in failing to perform a cesarean section at an earlier time, which the hospital staff departed from proper medical standards of care by not monitoring the fetal heartbeat at least every 15 minutes, and that, with a reasonable degree of medical certainty it was probable that the fetus suffered hypoxia during labor (p. 207). Ultimately there are many factors that contribute to medical malpractice cases in the United States. Most tort cases are lengthy with very costly litigation expenses. In both cases mentioned in this essay, the physicians failed to provide C-sections in a timely manner, which the detrimental decision to delay delivery caused permanent injuries to unborn babies. However, a lump-sum settlement award may have compensated the damages, but money does not and can never replace the pain and suffering that both families endured as a result of what the damages that medical malpractice has caused to these children. You cannot put monetary value on human life. Living a healthy and disable free life
Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease.
In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a
.... “The Strange Case of Marlise Munoz and John Peter Smith Hospital.” n.p.. 28 Jan. 2014. Web. 08 Feb. 2014.
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
Steiner, John E. (2013). Problems in health care law: challenges for the 21st century (10th ed.). Burlington, MA: Jones & Bartlett Learning.
Jacobson, P. (1999, July/August). Legal challenges to managed care cost containment programs: an intital assessment. Courts & Managed Care, 69-85.
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
Niles, N. J. (2011). Basics of the U.S. health care system. Sudbury, MA: Jones and Bartlett.
Berman, M. L. (2011). From Health Care Reform to Public Health Reform. Journal of Law, Medicine & Ethics, 39(3), 328-339. doi:10.1111/j.1748-720X.2011.00603.x
Today, the medical industry has been transformed. Doctors must live by a different code of ethics other than their oath. Legal fear has put the doctor-patient relationship in jeopardy. Today, physicians view patients as potential malpractice litigants. Therefore, doctors order unnecessary costly tests or avoid treating patients to insure safety from lawsuits. In Chicago, emergency room personnel refused to care for a boy who was shot, and had collapsed thirty feet outside the hospital door, because their legal duties were only to those inside. Because of the fear of lawsuits, the young boy was denied the opportunity to live. Not only are doctor-patient relationships affected, teachers and students are learning under precise laws.
The Medical Malpractice Myth is a book by Tom Baker that discusses the research findings relating to medical malpractice. Baker’s purpose for writing this piece is to reveal the discrepancies between people’s perceptions of the myth and its realities. He questions whether or not malpractice lawsuits or medical malpractice itself is the problem. Baker argues that disputes presented in the medical malpractice myth are not the issues that people should be concerned about.
The defendants were Dr. Stotler along with Aetna, provider of professional liability insurance for Dr. Stotler, and the hospital along with Argonaut Insurance Co., the insurer of the hospital. The first court affirms the jury’s verdict and the defendants were found liable for the death of the infant.
After a car accident in February of the year 2000, left Luis Jimenez with severe brain damage and physical injuries, conflicts of his medical care led to an eight-year legal battle between Martin Memorial Medical Center and Montejo Gaspar Montejo, his appointed guardian. Due to federal regulations, Martin Memorial Hospital was required to provide critical care to Luis Jimenez who was an illegal immigrant. EMTALA requires hospitals to provide an appropriate medical screening and necessary treatment to anyone who comes into the emergency room. Treatment must be provided regardless of a patient’s ability to pay or citizenship (Canedy, 2002). Hospitals are typically reimbursed
Every day, nurses analyze facts and circumstances on a case-by-case basis, and then act on these analyses. Increasingly, we’re being held accountable for these nursing judgments—and the outcomes that ensue. Poor judgment can set the stage for a patient injury that leads to a malpractice claim.
When a doctor or other medical professional makes a mistake, a patient may choose to bring a lawsuit for malpractice against the doctor. Reaching back to the beginning of organized civilization, this is far from a new concept. However, the area of medical malpractice law has changed drastically in the United States over the last few decades. Many have raised concern that the possibility of increased malpractice lawsuits has risen even higher with the implementation of the Affordable Care Act of 20120 (PPACA). New legislation and technologies make medical malpractice law a constantly-transforming field. In order to understand the current state of medical malpractice law in America, it is important to look at the cases and legislation at the