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Cases of medical negligence in law of torts
Cases of medical negligence in law of torts
Cases on medical negligence
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The cancer treatment story that I chose to write about was the case of Abraham Cherrix, a 16 year old boy that was diagnosed with Hodgkin’s Disease. In particular, this cancer has a very high cure rate it is “between 85 and 90 percent after 3 rounds of chemo” (Moore, 2006). However, the young boy, Abraham Cherrix, does not want to continue with his chemotherapy because of the side effects that he has to endure and his parents are in support of his decision. Abraham and his parents want him to try out an alternative treatment in place of chemotherapy. In contrast, the doctors are not satisfied with the family’s decision so they are charging his parents with medical negligence. The doctors are worried that without chemotherapy that he will lose his best chance at survival which …show more content…
again is very high. Both the family and the doctors are looking out for Abraham's best interests and giving him a high quality life (Moore, 2006). The case was taken to court and it was decided that Abraham does not have to receive the chemotherapy treatment that he dreads so much.
Instead they compromised on a combination treatment of the herbal treatment the family found and also care from a oncologist that may involve some radiation. This was the best outcome for both the family and the state. In the articles it constantly points out that Abraham is a very “smart and thoughtful” but still his is a minor (Caplan, 2006). Since he is a minor, the parents are left to make the decision of what they think he should do and in this case it was not the treatment that best guaranteed his survival. Future cases like this one I think can only be settled in court, especially when the rate of survival with the medically recommended treatment is so high. The right decision was made from this case and it took the state and the family coming together and working on a compromise to make that happen. I think even though Abraham is a minor he should have a right to say what goes in his body. However, the decision should be made with guidance from the doctors and his family because they both are looking out for the patient best interests (Caplan,
2006). The policy for minors does not need to be made solely by one individual instead the court should hear both sides and make the decision with input from all sides. Each group has a different perspective on the situation and they need to be equally considered. In this situation, the parents were able to listen to their sons concerns and saw first hand how the chemotherapy made him feel. On the other hand, the medical professionals are able to look at more concrete reasons and take the medical background they have and make an informed decision. When dealing with such different perspectives sometimes a compromise cannot be made without a third party present, in this case the court. The court was able to make the best decisions for the long term and current well being of the patient. Multiple ethical principles are at play in this case but the most important one is Justice. Justice is the act of being fair and treating people equally (Zuber, 2017). The court was able to treat everyone as equals by hearing the reasoning for all the participants involved and this resulted in the best possible outcome for the family, the medical professional, and most importantly Abraham.
The case of 17-month old Emilio Gonzales was seen and heard nation wide. A conflict between the mother and the physician emerged after the physician no longer expected there be an improvement in his health. This led to the decision of discontinuing providing care for the child and requesting the parents find another facility willing to provide such medical care. The main issue of this case revolved around whether the physician’s decision was morally permissible or legally just. Under Kantian Ethics, Children’s Hospital has moral reasoning to terminate treatment for Emilio and thus is morally justified in withdrawing treatment.
The one example of this that I found most relevant in the book is the situation of Armando. Armando was shot and the bullet lodged in the spinal canal. It caused enough damage to make him a paraplegic, but not enough to kill him. The ethics committee had decided that it was best to encompass a DNR because he had no health insurance, and his quality of life was not what it was before. When the doctors went to approve this with Armando, he denied the DNR and said that he wanted what ever was necessary to be done to him to save his life (Belkin p. 58-59). This made Cindy worried for the cost of keeping him alive was substantial. All the doctors and caretakers believed that he should be placed under DNR, however that was not what Armando wanted. The doctors believed that was the wrong decision. This correlates to what the quote was from the book on page 70; doctors can tend to be narrow-minded when it comes to the care of a patient. They believe that their course of action is the best and do not agree if the patient wants something different. This I have found is also true in my own personal experience with doctors. For example, when I was about 17 my wisdom teeth were growing in. I was in terrible pan from two of my wisdom teeth being impacted. My
Story: Andrew Bedner is an American man at the center of bioethical controversy regarding the rights of parents to make medical decisions for children they have allegedly abused
One of the most complex, ever-changing careers is the medical field. Physicians are not only faced with medical challenges, but also with ethical ones. In “Respect for Patients, Physicians, and the Truth”, by Susan Cullen and Margaret Klein, they discuss to great extent the complicated dilemmas physicians encounter during their practice. In their publication, Cullen and Klein discuss the pros and cons of disclosing the medical diagnosis (identifying the nature or cause of the disease), and the prognosis (the end result after treating the condition). But this subject is not easily regulated nor are there guidelines to follow. One example that clearly illustrates the ambiguity of the subject is when a patient is diagnosed with a serious, life-threatening
Terry knew that aches and pains are common in athlete’s lives. At the end of his first year of university there was a new pain in his knee. One morning Terry woke up to see that he could no longer stand up. A week later Terry found out that it was not just an ache he had a malignant tumor; his leg would have to be cut off six inches above the knee. Terry’s doctor told him that he had a chance of living but the odds were fifty to seventy percent. He also said that he should be glad it happened now fore just 2 years ago the chance of living was fifteen percent. The night before his operation a former coach brought Terry a magazine featuring a man who ran a marathon after a similar operation. Terry didn’t want to do something small if he was going to do something he was going to do it big. "I am competitive" Terry said, "I’m a dreamer. I like challenges. I don’t give up. When I decided to do it, I knew it was going to be all out. There was no in between Terry’s sixteen month follow up he saw all the young people suffering and getting weak by the disease. He never forgot what he saw and felt burdened to thoughts that died to run this marathon. He was one of the lucky one in three people to survive in the cancer clinics. Terry wrote asking for sponsorship " I could not leave knowing that these faces and feelings would still be here even though I would be set free of mine, s...
...ave. They have been through a lot by people asking over and over about the HeLa cells. I think the least the doctors could do is tell them the actual truth about how they used those cells and stop making them guess or always wonder. I think they should have told them when they come to get the blood what they were actually using it for. They may not have understood, but the least they could do is tell them. They could have told them they wasn’t taking their blood to see if they had cancer they should have told them they were taking it for the HeLa cells. I think it was a good thing when I found out that Gey was actually doing research on the cells and not actually trying to get money. I thought this whole time he was probably getting money from it. I think when he was doing his research he was actually trying to help people, not put the Lack’s family through so much.
One of the errors committed by the caseworker was that they failed to get an informed consent from Gabriel’s mother or a judge. Although his mother did signed off for Gabriel to receive treatments, it would be safe to say that his mother was
Patients who are diagnosed with the disease have an 85 percent survival rate if they receive chemotherapy. She does not want to go through with the treatment advised by her physicians. Due to her age, Cassandra cannot legally make that decision and it is left up to her parents to decide course of treatment. Her parents are in agreement with Cassandra but the hospital is in disagreement with their decision and opts to take the case to court. (Macklin, 2015, p.1)
Charlotte’s parents thought otherwise, the Ethics Advisory Committee had to get involved. The debate surrounded if the doctors were in the right to control the life of someone who were incapable of deciding themselves, or is it the parents right. The Ethics Advisory Committee, stated that the parents were superior to those of the hospital and the hospital should conduct with less painful test. Charlotte’s parents wanted the doctors to continue testing until it was determined that her life diffidently had no chance of remaining. Because, of Charlotte’s parents’ desires unfortunately caused Charlotte to die a painful death without her parents. If the patient is unable to speak for their selves, the family should be able to have some say in the medical treatment, however; if the doctors have tried everything they could do, the hospital should have final decisions whether or not the patient dies or treatment
Nathan Wilkes is the father of a little boy named Thomas, who was diagnosed with very serious Hemophilia at birth. In only 3 days, Thomas can use $47,500 worth of medicine to try to stop internal bleeding that he has had to deal with since birth. The insurance company they received through the father?s work did not want to pay the large sum of money, and no other insurance company has even considered them as a customer. Every year Thomas?s medical bill has been over three quarters of a million dollars.
Cancer is a deadly disease that millions of people die from a year. Many loved ones are killed with little to no warning affecting families across our world. My family happened to be one that was affected by this atrocious disease. This event changed the way my family members and I viewed cancer.
Powell and Lowenstein address many key issues about the refusal of life-saving treatments. They go into depth about what falls into this category of “life-saving treatments,” such as people refusing nutrition and hydration while they have a long life ahead of them with full cognitive ability. They aim to answer questions about whether doctors should allow patients to autonomously make these decisions as well as if the doctors have a duty to follow the patient's wishes. They also discuss the differences in cases with disabilities, chronic diseases, and other health problems along with where to draw the line about patient decisions. Not all of these decisions are the same and deeper understanding of the reasons behind the refusal need to be
Cancer patients often wonder if going through treatments like chemotherapy and radiation are worth the risk of the side effects, in addition to the cancerous side effects. They feel that they can’t enjoy or relax in what a short amount of time they have left because they are bedridden from the nausea and pain that treatments put them through. Patients tell their loved ones to just let them die so long as they don’t have to go through any more pain. Those who are too old, are unable to recover from the effects, or are just too far in the grips of cancer, should refuse the more harsh treatments like chemo and radiation. On the positive side, refusing treatments after a certain point can save their families from the stress and cost of hospital bills. If caught early enough, patients can opt for safer and easier routes to getting rid of cancer like surgery or by doing a stem cell transplant.
Although both cases and scenarios delve into informed consent and patient privacy although neither side gained any financial incentives, it still calls into question of patients rights and ethical behaviors.
One of a parent 's worst fear is to live longer than their children. At what lengths should a parent go to try to save the life of their child dying from cancer? The film "My Sister 's Keeper" (2009) shows a mother willing to do almost anything to save her oldest daughter from dying to cancer and it 's effects on her marriage and the other children in the family. This film deals with many ethical issues found within the health system while also showing how class can give a family more options in their healthcare. We will examine how income and class can change a families healthcare options, then we will look at how Sara Fitzgerald (Cameron Diaz) and her doctor may have broken two ethical principles of medicine, nonmaleficence and beneficence,