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
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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).
In the healthcare industry, medical malpractice has a history that extends way beyond the days of physicians carrying a black bag full of medication and remedies to treat patients. Health care has since evolved to digital technology that can detect and treat disease. However, before physicians had advanced machinery making medical diagnosis, doctors had their textbooks and medical judgment to rely on for treatment. Physicians are human and medical mistakes can happen, but should not happen due to negligence. With that said, medical malpractice lawsuits are not the latest trend in the United States. According to the US National Library of Medicine National Institutes of Health, medical malpractice lawsuits first appeared in the United States beginning in the 1800s. However, before the 1960s, legal claims for medical malpractice were rare, and had little impact on the practice of medicine. Since the 1960s the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are relatively common in the United States.
In her personal essay, Dr. Grant writes that she learned that most cases involving her patients should not be only handled from a doctor’s point of view but also from personal experience that can help her relate to each patient regardless of their background; Dr. Grant was taught this lesson when she came face to face with a unique patient. Throughout her essay, Dr. Grant writes about how she came to contact with a patient she had nicknamed Mr. G. According to Dr. Grant, “Mr. G is the personification of the irate, belligerent patient that you always dread dealing with because he is usually implacable” (181). It is evident that Dr. Grant lets her position as a doctor greatly impact her judgement placed on her patients, this is supported as she nicknamed the current patient Mr.G . To deal with Mr. G, Dr. Grant resorts to using all the skills she
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
The Institute of Medicine (IOM) reported in 1999 that between 44,000 and 98,000 people die each year in the United States due to a preventable medical error. A report written by the National Quality Forum (NQF) found that over a decade after the IOM report the prevalence of medical errors remains very high (2010). In fact a study done by the Hearst Corporation found that the number of deaths due to medical error and post surgical infections has increased since the IOM first highlighted the problem and recommended actions to reduce the number of events (Dyess, 2009).
I have been aware of medical errors for some time now. While in nursing school I have heard many stories from classmates and instructors of instances where people they knew, or loved ones had been either harmed or died because of a medical error. I have had experiences with medical errors. When I was in the hospital for the birth of my first child, the nurse that came to change out my IV bag did not check the
Dr. Gawande emphasizes the value of making mistakes, and how it is a core component of his daily life as a physician. His mistakes are dependent on the “good choices or bad choices” he makes, and regardless of the result that occurs, he learns more about himself as a physician, and more about his connection with patients (215). Critic Joan Smith of The Guardian newspaper mentions that although his various stories about “terrifying” mistakes that doctors make induce fear and a sense of squeamishness within the reader, it is the “emphasis that human beings are not machines” that is “oddly reassuring” (Smith). For example, in the essay, “When Doctors Make Mistakes”, Gawande is standing over his patient Louise Williams, viewing her “lips blue, her throat swollen, bloody, and suddenly closed” (73).
Jamison describes another medical figure in her life that she referred to as Dr. M. Dr. M was Jamison’s primary cardiologist, a figure who is involved in some of the most intimate details of Jamison’s life. However, Jamison describes Dr. M by saying she, “…wasn’t personal at all” (14). Dr. M would actually record personal information about Jamison on a tape recorder, however, Jamison would hear Dr. M referring to her as “patient” instead of by her name. This example demonstrates that Dr. M was indeed putting in the minimal effort needed to keep her clients, however, no additional effort was put into the process of learning about her patients. Jamison says that, “…the methods of her mechanics [were] palpable between us…” (18). Dr. M would not even put any effort into disguising her lack of interest of getting to know Jamison. This atmosphere of apathy that is exuded by Dr. M naturally causes Jamison to retract from Dr. M, which creates an environment that is not good for cultivating
Slosar, J. P. (2004). Ethical decisions in health care. Health Progress. pp. 38-43. Retrieved from http://www.chausa.org/publications/health-progress/article/january-february-2004/ethical-decisions-in-health-care
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...
Hospital medical errors can involve medicines (e.g., wrong drug, wrong dose, bad combination), an inaccurate or incomplete diagnosis, equipment malfunction, surgical mistakes, or laboratory errors. High medical error rates with serious consequences occurs in intensive care units, operating rooms, and emergency departments; but, serious errors that harmed patients may have prevented or minimized. Understand the nature of the error
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 as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
In “Should Doctors Tell the Truth?” Joseph Collins argues for paternalistic deception, declaring that it is permissible for physicians to deceive their patients when it is in their best interests. Collins considers his argument from a “pragmatic” standpoint, rather than a moral one, and uses his experience with the sick to justify paternalistic deception. Collins argues that in his years of practicing, he has encountered four types of patients who want to know the truth: those that want to know so they know how much time they have left, those who do not want to know and may suffer if told the truth, those who are incapable of hearing the truth, and those who do not have a serious diagnosis (605). Collins follows with the assertion that the more serious the condition is, the less likely the patient is to seek information about their health (606).
Generally speaking, negligence, error, incompetence, these are the words commonly associated with malpractice, yet many have no idea what the true definition states. Malpractice can be defined, according to the legal nurse consultant of Independent Medical Evaluations Inc., Jan Parrish (2010), “as a violation of professional duty or a failure to meet a standard of care or failure to use the skills and knowledge of other professionals in similar circumstances.... ... middle of paper ... ...
The health care is extremely important to society because without health care it would not be possible for individuals to remain healthy. The health care administers care, treats, and diagnoses millions of individual’s everyday from newborn to fatal illness patients. The health care consists of hospitals, outpatient care, doctors, employees, and nurses. Within the health care there are always changes occurring because of advance technology and without advance technology the health care would not be as successful as it is today. Technology has played a big role in the health care and will continue in the coming years with new methods and procedures of diagnosis and treatment to help safe lives of the American people. However, with plenty of advance technology the health care still manages to make an excessive amount of medical errors. Health care organizations face many issues and these issues have a negative impact on the health care system. There are different ways medical errors can occur within the health care. Medical errors are mistakes that are made by health care providers with no intention of harming patients. These errors rang from communication error, surgical error, manufacture error, diagnostic error, and wrong medication error. There are hundreds of thousands of patients that die every year due to medical error. With medical errors on the rise it has caused the United States to be the third leading cause of death. (Allen.M, 2013) Throughout the United States there are many issues the he...
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).