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Medical malpractice research paper
Medical malpractice research paper
Essays on medical negligence
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Clinical negligence is a civil case wherein an individual may claim compensation for the suffered damages or death of the patient, that results from medical malpractice by the liable health care provider. Some of the common instances may cause serious damage to a patient due to clinical negligence are: Misdiagnosis due to insufficient diagnostic measures taken, and resulting incorrect treatment Incorrect treatment and prescription despite proper diagnosis, causing new developing health complications due to harmful side effects Inappropriate delivery treatment and services, posing serious health risks or causing death to the baby and/or mother Delay in providing medical treatment or procedures in urgent situations, leading to irreversible damage or death that could have bee avoided Procedures going wrong in routine operations, making the patient's condition gravely life threatening The Clinical Negligence process explained by one of our panel solicitors [http://www.hospitalclaims.net/know-clinical-negligence-law/] Knowing your rights for clinical negligence compensation Each person has a basic human right to be given proper medical care. Likewise, it is a social and legal duty for any health care staff and professional to appropriately provide medical services that strictly adhere to the sound practice standards as established by the medical community. However, there are certain issues that may result from unfilled gaps between the expected and the actual provided health care treatment, and these issues vary in severity. But unfortunately, there are many people as patients who may not be fully aware of their legal right to file clinical negligence claims that could have been valid and successful. The medical practice mistak... ... middle of paper ... ...on that a patient would rightfully receive, the patient as plaintiff would also contribute to the improvement initiatives of the health care provider, and better chances that such unfortunate medical malpractice events would less likely happen again. How we can help you We are an expert panel of professional solicitors who care, and are competent in assisting you for your clinical negligence concerns in any medical field. You can fillout our Claim Now form with your contact details. You can call us through our freephone number or drop us a mail. We assure you our proper responsiveness, and we will call you at the best time you will provide. We are here to listen and legally define your situation of concern, and advise you on your corresponding legal rights. If your case is valid for a clinical negligence claim, we will further assist you in every step of the way.
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….
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
Nursefinders argues that the causes of action based on respondent superior liability failed because Drummond was a special employee of Kaiser or acted outside the course and scope of her employment. they also asserted that no triable issues listed on Montague’s negligence claim and the lack of cable cause of action precluded a derivative loss of consortium claim.
The article quotes this as the “worst type of preanalytical error”. The reason behind this is the result of this error means that a patient is treated for a disease or illness that they are not suffering from. This could be by medication or treatments even as extreme as chemotherapy. Problems that then grow from this is the effects of the treatment can be life threatening as they are managing a condition that isn’t there. An example of this is if a patient is incorrectly prescribed warfarin, an anticoagulant to treat blood clotting but has no issues with blood clotting the blood will thin and increase blood pressure leading to serious health defects.
in place, lost the role of representing the best interests of the patient, clinical judgment inappropriate, error treatment, lack of intervention on the clinical evolution of the patient, lack of preventive care, mistake in the execution in the prescription and treatment errors
Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed. If a patient is filing for a medical malpractice case, the l...
Forrester, K., & Griffiths, D. (2010). Essentials of law for health professionals. Sydney: Mosby Elsevier. Retrieved from Google Books.
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
The most common kind of medication error is administering the wrong medication or giving wrong doses. A medication error is any error that happens to patients whether they suffer any harmful results or not. Inappropriate nurses-to-patients ratio should be taken into consideration because it can cause medication errors. A new study shows that every year about 210,000-400,000 people who were admitted to the hospital die due to medication error; it also shows that is is “the third leading cause of death behind heart disease and cancer”(MacDonald). For instance, an interview was done with Nurse Carol, a retired nurse; she said that she made a medication error while administering medication to one of her patients. She said that she was rushing and accidentally gave Cozaar to one of her patients instead of Colace. Cozaar is often used for high blood pressure and Colace is for constipation. She said her patient’s pressure dropped very low after taking the medication; she realized then that she gave the patient the wrong medication. Nurse Carol also said that if she did no...
Day by day medical technology is improving, unfortunately so are cases of nursing malpractice. By understanding the laws that governs nursing practice, it will help the nurse protect client’s rights and reduce the risk of nursing liability (Sommer, 2013, p. 23). It’s usually necessary to prove that the nurse was negligent to prove nursing malpractice. The Joint Commission defines negligence as a “failure to use such care as a reasonably prudent and careful person would under similar circumstances” and malpractice as “improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position. Sommer defines professional negligence as the failure of a person who has a professional training to act in a reasonable and prudent manner (p. 24).
The medical Profession recognizes that patients have a number of basic rights. These include but are not limited to the following: the right to reasonable response to his or her requests and need and needs for treatment within the hospital's capacity. The right to considerate, respectful care focused on the patient's individual needs. The right of the patient to make health care decisions, including the right to refuse treatment. The right to formulate advance directives. The right to be provided with information regarding treatment that enables the patient to make treatment decisions that reflect his or her wishes. The right to be provided upon admission to a health care facility with information about the health care provider's policies regarding advance directives, patient rights, and patient complaints. The right to participate in ethical decision making that may arise in the course of treatment. The right to be notified of any medical research or educational projects that may affect the patient's care. The right to privacy and confid...
A patient has the right to be treated with respect, be given response to questions, and concerns.
To begin a claim in professional negligence, you must begin with establishing that there is a professional duty of care owed towards the plaintiff. The most significant case in relation to professional negligence is Hedley Byrne v Heller & Partners Ltd [1964] AC 465. This is because for the first time, it established that a third party relying upon a statement made the him/her may be owed a duty of care by the maker of that statement. The outcome from the Hedley Byrne v Heller Partners (1964) established that a duty of care would be owed (in relation to statements) where there is a ‘special relationship’ between the giver and recipient of the advice or statement. Despite this, a definition for a ‘special relationship’ was not fully defined, however it tends to go by meeting these three requirements; a reliance by the claimant of the defendant’s special skill and judgement; knowledge, or reasonable expectation of knowledge on the part of the defendant, that the claimant was relying on the statement; and that it is reasonable in the ...
A patient falls. A nurse administers the wrong medication. A routine procedure goes horribly wrong. A client dies unexpectedly. These are all examples of unfortunate, but nonetheless real situations within the nursing profession. Sometimes it is a set of unfortunate circumstances for which health care workers are not at fault, while at other times it may well be that law, legislation, or professional standards have been breached possibly even leading to an accusation of civil or criminal negligence.
What are patient’s rights and responsibilities? In healthcare when a person seeks out services pertaining to their health, a person should expect to be treated in such a way that they are res-pected. This includes the information that is obtained while being examined by healthcare pro-fessionals. It is very important to know what rights you have as a patient and the services you will receive when seeking the professional opinions of healthcare professionals. If you are una-ware of your rights as a patient, there are a lot of things you must know. All of the rights and re-sponsibilities are unalienable, none of the following can be taken away due to age, color, race, ethnicity, national origin, religion, culture, language, physical and/or mental disability, socioeco-nomic status, sex, sexual orientation, gender identity or expression, veteran status, and/or the ability to pay. In all areas of the healthcare field, these rights must be followed by those who are providing a service to the public. As a new patient with any provider; the provider is obligated to give a person a copy of the Patient’s Rights and Responsibilities and have the person sign the form stating they have received a copy for their records.