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The Principle Of Negligence
Principles of negligence
Negligence analysis
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This case is a good example for the battery theory and negligence theories. The procedure to remove the tumor was done without consent or the parents being informed (battery theory). However in the negligence theory the doctors have the ability to prove that the parents would have declined the lifesaving procedure if they had known all the details and risks. The parents were even refusing Lee the chemotherapy treatments, and the doctors had to call social services. Lee ran away from home and months later when she returned in decent health, social services dropped the case against her family. The Donald (Dax) case could have been handled well if the medical professionals allowed Dax to make his own decisions regarding his treatments and gave
Lee Lor was a fifteen year old Hmong girl. She was diagnosed with an acute appendicitis. During the operation to remove her appendix, doctors discovered an eight inch cancerous tumor in abdomen. Without consent they removed the tumor which cost Lee an ovary and part of fallopian tube. The doctors told her parents after the procedure what had happened and promised that she was still fertile and able to still have children. The Hmong people do not accept the western world tradition and science. They hold on strongly to their ancient traditions, are animist, and very spiritual. When the parents were made aware of the extra procedure taken place they did not trust the doctors and refused Lee further treatment including chemotherapy.
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….
(Ackerman 17)” However, this framework does have its limitations. The legal model does not recognize “the impact of illness upon autonomous behavior, it impair the ability of patients to engage in contractual therapeutic relationships.(Ackerman 17)”
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
At first, I believed that a patient should have the say so and get what they demand. I didn’t feel sympathetic for the health care provider one bit. I was able to look through the eyes of a physician and see the trials that they have to go through. It is not easy making the decisions that they have to make. There job is based on decisions, and most of it is the patient’s. “There will certainly be times when I will be faced with a request from a patient or patient’s representative that I will personally find morally difficult, but one that is still legally and ethically acceptable. must be very difficult to work in an area with little control over what you want to do.” (Bradley 1). Even though I do not fully understand a health care providers everyday role, I do know that they are faced with painful options. I personally feel that I can not work in this field for that exact reason. Health care providers play an extremely important role in our society, and others need to look upon
A divergent set of issues and opinions involving medical care for the very seriously ill patient have dogged the bioethics community for decades. While sophisticated medical technology has allowed people to live longer, it has also caused protracted death, most often to the severe detriment of individuals and their families. Ira Byock, director of palliative medicine at Dartmouth-Hitchcock Medical Center, believes too many Americans are “dying badly.” In discussing this issue, he stated, “Families cannot imagine there could be anything worse than their loved one dying, but in fact, there are things worse.” “It’s having someone you love…suffering, dying connected to machines” (CBS News, 2014). In the not distant past, the knowledge, skills, and technology were simply not available to cure, much less prolong the deaths of gravely ill people. In addition to the ethical and moral dilemmas this presents, the costs of intensive treatment often do not realize appreciable benefits. However, cost alone should not determine when care becomes “futile” as this veers medicine into an even more dangerous ethical quagmire. While preserving life with the best possible care is always good medicine, the suffering and protracted deaths caused from the continued use of futile measures benefits no one. For this reason, the determination of futility should be a joint decision between the physician, the patient, and his or her surrogate.
Patients are ultimately responsible for their own health and wellbeing and should be held responsible for the consequences of their decisions and actions. All people have the right to refuse treatment even where refusal may result in harm to themselves or in their own death and providers are legally bound to respect their decision. If patients cannot decide for themselves, but have previously decided to refuse treatment while still competent, their decision is legally binding. Where a patient's views are not known, the doctor has a responsibility to make a decision, but should consult other healthcare professionals and people close to the patient.
The major implication of this decision is that each state decides the type of evidence required to withhold or withdraw medical treatment from an incompetent patient. The state ...
This procedure would have been of no benefit to the patient so the principle beneficence was not followed. The new doctor at the practice brought to the other doctors’ attention that this procedure was outrageous and would be of no good to the patient or the family. After consideration the other doctors realized they were too emotionally attached to deny the patient of her wish, so they needed to tell her the procedure was canceled. And this is where paternalism comes into play. Paternalism is when a doctor has to put a foot down when a patient is demanding a procedure that is more harmful to them than good (the patient just can’t see it). Doctors are always in the best interest for the patient expect for when paternalism is involved. Sometimes even though a patient is proven mentally competent a doctor has to do what they feel is the right thing to do for the patient even if is overruling the patients decisions. A way to of having benefited the cancer patients of having a baby possibly could have been just taking her to visit some babies to get the feel of what it could be like to be a mothers not actually giving her one of her own to be raised without a mother. Nonmaleficence is a principle that assures a procedure or decision is doing no harm to the
Throughout the years Dax spent in the burn ward, he continually refused treatment due to the intense pain he experienced and attempted suicide multiple times. Despite being declared competent by not only one, but two psychiatrists, the doctors ignored Dax’s requests and continued treatments until the skin grafts were treated and Dax regained the ability to move and walk. I previously learnt that all doctors should adopt a high standard of care by responding to their patients’ needs whilst simultaneously do what is best for their patients. However, as the documentary progressed, I felt as if I was alternating between taking Dax’s side and the doctor’s side. I felt conflicted and presented with moral dilemmas as Dax’s case challenges four principles of medical ethics – autonomy, non-maleficence, beneficence and
The third reading by Ernest van den Haag made me realize that people have the right to decide, but the doctors have the right to decide not to participate. This point is illustrated when Haag states, “But why should we enforce the gratification of this wish on those who, for whatever reason, decide not to gratify it?” (408.1). Applied to Sidney Hook’s case the doctor was perfectly right by not helping him end his suffering. Doctors should not have to be forced to aid someone in killing themselves nor should they have to kill the person because the person wants to die. Hook should have been able to request another doctor’s assistance to carry out the task.
Diane called all of her friends to say goodbye, including Dr. Quinn, and took her life two days after they met. This is a fascinating case because it presents the distinction between a patient’s right to refuse treatment and a physician’s assistance with suicide. Legally, Diane possessed the right to refuse treatment, but she would have faced a debilitating, painful death, so the issue of treatment would be a moot point. It would be moot in the sense that Diane seemed to refuse treatment because the odds were low, even if she survived she would spend significant periods of time in the hospital and in pain, and if she didn’t survive she would spend her last days in the hospital. If Diane were to merely refuse treatment and nothing else (as the law prescribes) than she would not have been able to avoid the death which she so dearly wanted to avoid.
"Under traditional principles of criminal law the omission of ordinary care by parents, physicians and nurses creates criminal liability. The crimes committed may include murder, involuntary manslaughter, conspiracy and child abuse or neglect. Generally a person is criminally liable for homicide by omission if: 1) He has a legal duty to protect another; 2) with knowledge or gross negligence he fails to act; 3) and such failure proximately causes the death of the other.
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...