Legal Case Study: 62 year old woman with skin cancer

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Legal Case Study

Following the review of a medical error about a 62-year-old woman with skin cancer who experienced wrong-site surgery I will summarize the legal and liability aspects of this case, as well as explore the legal and ethical implications of disclosing errors. In addition, I will discuss the pros and cons of having the provider disclose and empathize for the error to the patient. Finally, I will identify ways the nurse leaders can learn from this situation, help prevent similar kinds of medical errors from happening, and assist the providers and organization to effectively disclose information to patients after such an error occurs.

Legal Aspects

The closest definition to medical error would be from the institute of medicine by stating “failure of a planned action to be completed as intended…” (Thomas, 2009, p. 671). In this case the error appears to be a system problem and not just one person (in this case the surgeon). A medical error did occur: wrong sited surgery. Bottom line the standard of care was not met. When referring to the legal ramifications about this case form the patient’s perspective, we would be speaking about the repercussions of the wrong sited surgery. These issues would be the time delay for corrective surgery (this procedure was for removal of cancerous tissue), pain the patient suffered (for undergoing two separate procedures), and wrongful disfigurement to the patient’s face as she has the potential to have an additional scar at the wrong sited surgery.

In order to encourage physicians to fully disclose to a patient after an adverse event, there are 35 states that have enacted laws that make expression of sympathy following an error inadmissible in court to prove liability. This is refe...

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Works Cited

Bender, F. F. J. (2007, April). "I'm sorry" laws and medical liability. Virtual Mentor, 9(4), 300-304.

Dillion, K. A. (2008, September). Time out: An analysis. AORN Journal, 88(3), 437-442.

Fowler, M. D. M. (2010). Guide to the code of ethics for nurses. Silver Spring, MD: American Nurses Association.

O'Reilly, K. B. (2010, February). "I'm sorry": Why is that so hard for doctors to say? American Medical News.

O'Rourke, P. T., & Hershey, K. M. (2007, October). The power of "Sorry." The Hospitalist.

QuPS.org: Quality & patient safety. (2011). In Florida public and private policy medical errors and patient safety. Retrieved from http://qups.org/med_errors.php?c=individual_state&s=10&t=10

Thomas, H. G. M. (2009, August 12). A 62-year-old woman with skin cancer who experienced wrong-site surgery. Journal of American Medical Association, 302(6).

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