Medical malpractice is like a virus that spreads contagiously and has been going on for many years. This phenomenon has caused deaths, diseases, and injuries due to the negligence of medical professionals towards their patients. Hospitals are losing their reputation and doctors are losing lots of their money. Usually after the doctor does something wrong, the patient should file a lawsuit against them and the hospital. One way to prevent malpractice is to pick younger doctors who are more careful with what they are doing. Malpractice is an occurrence that should be stopped soon or many injuries could occur to the patient due to the doctor’s negligence. 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... ... middle of paper ... ... doctor neglect their patients because it is sometimes very difficult to notice it. Even the best physicians have committed malpractice on their patients, but people believe that it is because of poor communication. Scientists believe there are ways that will help you with prevent malpractice from happening to you or another doctor. One way would be to do your homework and pay attention in class. Communicate with your patient, talk to them about their day or what they are like. Lastly, one of the most important ways would be to listen and learn from your patient. Understand what they are speaking to you about because it may have to do with your health. These are some great ways to prevent malpractice and everyone should follow this no matter what kind of job because it always helps to communicate, listen, and learn from your client, patient, or business partner.
Explain the issue or dilemma using information from the readings in the book and other sources.
Communication is the key to any successful profession. A lack of understanding due to miscommunication to lead to harming the business causing losses. In the case of a physician – patient relationship it is not just the revenue that is effected but also the health or even life of an individual depends on effective communication where both parties understands each other.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
We entrust health care professionals to never cause us unnecessary harm. Munson also states, "Failure to meet the standards opens practitioners (physicians, nurses, dentists, therapists) to the charge of moral or legal maleficence" (Munson, p. 893). Therefore, if certain standards are not met then health care professionals alike can be rightfully accused of maleficence. As society, we try to take measures and enforce things such as degree programs, licensing laws, and certifying boards (Munson, p.893). But, we cannot always be certain that those persons who pass these measures will apply those knowledge and skills obtained to make medically ethic sound decisions.
According to Poorolajal, medical errors occur when health care providers choose inappropriate methods of care or improperly execute an appropriate method of care (Poorolajal, et al. para 5 -10), which could potentially lead to loss of life and severe or permanent trauma to the victim. Valiani et al. argues, “Committing an error is part of the human nature” (540). Valiani et al. insist that no health care practitioner is immune to committing an error event if they demonstrate mastery of their skills (540). However, error in health care systems is dependent on many causes and factors. Management of such factors is essential to reducing the occurrence of errors in a health care system. Therefore, what strategies can medical practitioners implement to reduce medical errors? Medical practitioners can implement strategies such as communication, verification, and eliminating extended work shifts. These strategies are most effective because they help medical providers fulfill their full potential in doing their job in the most effective
Medical professionals have numerous motives behind malpractice, and there is little logic to it. It is simply insane how a doctor’s sole job is to help the unhealthy, but some doctors take advantage of that privilege. Patients trust doctors, to break such trust, is the ultimate betrayal.
One article stated that over the year’s specialty areas will concentrate on areas that are more cost-effective. These areas would consist of cancer, heart and neuroscience, cogitating the aging of the baby boomers. Care for cardiovascular patients will always be continual because people are still eating fried foods. Oncology services are rising due to patients being diagnosed with cancer. Our communities are seeing an increase of aging within the population and organizations are not set up for this ‘tsunami’ of patients. The service lines that will remain to be widespread are connected to the aging population—cardiovascular, arthritis, and sports injuries, as the baby boomers stay active longer. “The increasing scope of the continuum of care,
By definition malpractice is “the improper or negligent treatment of a patient, as by a physician, resulting in injury, damage, or loss.” (1) Malpractice can range from a physician disclosing patient information to a doctor using un-sterilized tools during surgery. There is constantly news about doctors and hospitals facing malpractice lawsuits and doctors loosing their practicing license because of a malpractice incident. I believe there is a certain extent that malpractice law should go in order to protect patients. There are probably so many malpractice lawsuits that were mistakenly filed, blaming the physicians for occurrences that were out of their control. Individuals are quick to want to get money from suing people that have big pockets. Indeed I do believe malpractice law should be there to protect the patient, but it needs to also watch out for wrongful claims or false allegations.
Only discuss medical issues behind closed doors. Always carry patient charts and other medical documents in ways that doesn't display the patient's name. Don't "shoulder surf" -- look over a coworker's shoulder to peek at patient information. Never leave patient charts in places other than the proper receptacles. If you make a note that isn't part of the official patient record, such as jotting down a phone number, destroy it as soon as possible.
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.
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….
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the costs of health care by reducing the risk of civil litigation and exposure to fraudulent claims (“What”). However, the real factor at hand and the real cause of the industry’s high costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuits. Thus, large public support exists for tort reform. While the proposed legislation enacted through tort reform could cut the costs of health care and positively transform the industry, it is ultimately unconstitutional and could not withstand judicial scrutiny.
Physicians and their advisors would do well to spend time with the entire Code and, especially, the Opinions and the professional papers and articles referred to in the annotations to them. The American Medical Association promulgates a Code of Ethics which includes several components, including very brief statements of general “Principles of Medical Ethics” and “Fundamental Elements of the Patient-Physician Relationship.”
Things such as doctors getting enough sleep can make a huge difference in the decision making process. Hospital put doctors on 24 hour call, depriving them of the sleep they need in order to make a sound choice. Imagine if you did not sleep all night and had a huge test in the morning. How well would you perform under very minimal sleep? Another precaution is to make a checklist. In a lot of profession they make checklist in order to ensure that everything is done and done correctly and doctors are finally catching on to the trend. Another they are making an effort to minimize mistakes is by asking questions more than once. Asking things like “what is your birthday” and “what medicine are you allergic too” can help doctors remember