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Medical malpractice research paper
Cases on medical negligence
Medical malpractice research paper
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The case is about one Arturo Iturralde who was diagnosed with degenerative spondylolisthesis L4-5 with stenosis. The condition is treated by way of surgery. The surgery was carried out at Hilo Medical Center (HMC). It involved implanting titanium rods in the spine forming a bilateral fixation. During surgery, the titanium rods were missing from the surgery room and Dr. Robert Ricketson decided to make do by use of a stainless steel screwdriver. The stainless steel was not approved nor intended for implantations. The following day, Mr. Arturo sustained a fall shuttering the screw driver. As a result, he had three more surgeries and two years later he passed away. Through court orders, the family was awarded $ 5.6 million (Ramangkoun, 2017). …show more content…
The medical standard of care expected of the surgeon in this case was to perform a successful surgery involving implantation of the two titanium rods to form a bilateral fixation in the spine. The plaintiff alleged that during the surgery, there was a bleach of the accepted standard of care in the following ways; i. The Medtronic surgery kit lacked the necessary instruments for the surgery including the very essential titanium rods used for implantation. ii. Dr. Ricketson proceeded with the surgery absent the titanium rods iii. Implanting a stainless steel screwdriver into the patient’s spine despite the fact that it was not approved for human implantation. iv. Failure to communicate this particular incident to the patient The causation element in this case was based on a series of events after the surgery. It was averred that two more surgeries had to be conducted to remove screwdriver pieces from the spine as it had shattered after a series of falls sustained by the patient. It was the plaintiff’s case that after the patient was discharged, his condition worsened. It was alleged that he was often in pain, his hygiene declined, he became depressed and had lost the will to live. He suffered from urosepsis, became bed ridden and passed on later (Bryden & Storey, …show more content…
In this matter, the court held that the circuit court errored by failing to assert that the nature of injuries needed not be foreseeable. Nevertheless, the court rejected the assertion by the appellant that the circuit court shouldn’t have included a verdict question focused on the superseding cause. The court asserted that the superseding instruction was warranted since it was a major facet on Medtronic's defense. Finally, the court agreed with the appellant’s argument that HCM should not be held liable for the damages awarded for NIED claim (Iturralde v. Hilo Medical Center USA, No. 28792,
On July 11th, 1975 in Milwaukee, Wisconsin a doctor by the name of Lester V. Salinsky, performed a surgery on the plaintiff, James Johnson. The surgery was took place at Misericordia Community Hospital (Misericordia), defendant, by Dr. Salinsky. Dr. Salinsky was scheduled to remove a pin fragment from the plaintiff’s right hip. However, “during the course of this surgery, the plaintiff’s common femoral nerve and artery were damaged causing a permanent paralytic condition of his right thigh muscles with resultant atrophy and weakness and loss of function” (Johnson v. Misericordia Community Hospital, n.d.). The plaintiff filed suit against Dr. Salinksy and Misericorida on October 13th, 1976, fifteen months after his unsuccessful surgery, which
The facility required five appointments to be “accepted in the program”. The clinic was a four hour plus round trip (travel tine only) on a light traffic day. - failured to intercept a written referral for a surgical procedure (bursectomy) on the wrong hip. Had I not been present this procedure would have been initiated. - caused unnecessary extended pain and suffering involving four ambulance supported emergency room runs and years of NPH complications due to your medical ineptness.
When a physician does not obey to the patient’s disapproval of the performance of a procedure, the physician “may be subject to medical malpractice litigation, removal from preferred-provider lists, or the loss of hospital privileges,” to ensure the patient’s protection (Murray). Providing the patient with liable information regarding the procedure keeps both the physician and the patient
She also, failed to monitor and approve all orders. Although Dr. Stevens and Dr. Mercer operated in the same building, and the sign displayed both of their names on the sign, Dr. Stevens is not liable for the patient injury’s. There was no partnership agreement, and they operated separate practices with their own lists of patients. This patient has assumed liability on both parties, but Dr. Mercers is the only person responsible for damages caused.
This article described the horrible events of a CNA who neglected three patients from the age range of 80-95. The CNA allegedly snuck in a bottle of vodka upon arrival of work. She was not drunk when she arrived at work, but drank in the bathroom leaving her patients stranded. While intoxicated the CNA failed to assist with her residents medications. The CNA showed a repulsively small amount of care towards the residents during this shift. She only made it halfway through her shift before she passed out, only waking up to not knowing what had happened. Charges have been made for three counts of neglect.
In this essay about tort law, I talked about a tort case that has personally impacted me. To do this, I provided a background of the event, applied facts of the case to applicable law, summarized lessons of the week as they related to this case, and provided a plausible argument for the parties involved. This is a prime example of a breach of a tort law, and the case is currently in the process of litigation. It is likely that the parties involved will reach an agreement out of court, but may in fact be brought to trial. References Cross, F. B., & Miller, R. L. (2012).
During a medical negligence case, the first phase is known as the written discovery phase of the litigation. It is during this phase that written documentation is requested, usually the initial set of interrogatories, and the request to produce documents including medical records and test slides or films taken. Risk managers must have a knowledge of the standard interrogatories and the types of required information in order to formulate an efficient, prompt and economical strategic discovery response.
Medical malpractice occurs when a doctor or healthcare medical professional makes a mistake that causes serious injury, physical or mental harm or death. Legally, it is considered medical malpractice when a doctor fails to comply with a reasonable standard of care. It is a form of negligence that applies to those in the medical profession. Tragically, a doctor’s mistake can have severe, or even deadly, consequences for trusting patients and their families.
Rule: In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate cause of the client's damages; and (5) actual loss or damage resulting from the negligence.” Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004).
“Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient” (ABPLA). The problem with medical malpractice involves malpractice claims, unnecessary procedures, the general system, communication issues, and reform efforts. Although medical malpractice is a significant concern, much is being done to address this problem.
According to the American Bar Association “Medical malpractice is defined as negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.” When people think of medical malpractice they only see how it impacts the victim or the person who is suing the doctor, but do they ever wonder how it affects the doctors and those who are in the medical field? Do they think about how medical malpractice impacts the delivery of proper medicine?
There is no evidence to come to the conclusion that the Appellant fell below the standard of a reasonably competent practitioner in their field, so much so that their conduct might be deserving of censure. The Appellant cannot be liable for negligence because someone else of better skill or knowledge would have prescribed a different method of operation in different way. The evidence suggests that the Appellant has performed the operation and acted in accordance with the practice regularly accepted and adopted by him in this
In the case of Griffin v. The Methodist Hospital, medical malpractice was brought before a court on grounds of negligence whereby treatment caused Achilles tendon contracture. The affidavits submitted failed to address care or treatment necessary to prevent the condition in addition to failure to provide when or how the patient’s condition was assessed. The hospital and nurses were liable to charges of
As a plaintiff, Georgina (P) has suffered a legally-recognisable harm, as she broke several of her ribs and suffered from severe internal bleeding. Georgina then need to establish a duty of care owed by Andrew (D) to her.