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Medical malpractice research paper
Medical malpractice research paper
Medical malpractice research paper
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Malpractice in healthcare A tort is generally defined as a civil wrong which causes an injury. “Medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient” (Nordqvist). Meaning medical malpractice is a tort. The lack of media coverage on medical malpractice has made the public unaware of how stern this problem is becoming. It’s a serious issue that needs to be brought to light. Many lose loved ones because of a mistake caused by certain healthcare professionals. A wide variety of situations can lead to a medical malpractice claim. From failing to tell the patients the side effects of a prescribed medication to leaving …show more content…
A misdiagnosis occurs when a doctor fails to recognize symptoms, instead they attribute them to another illness. Thus, the original illness may go untreated. This can cause the symptoms to worsen. While the patient is taking medicine that’s supposedly supposed to make them feel better, it can worsen the disease. By the time they find out that they are taking the wrong medication, it can be too late and the illness most likely will have gotten to the point where it may be too late to treat. For example, “A doctor in a hospital fails to recognize cardiac tamponade in a 63-year-old man, and the lack of diagnosis or treatment leads to his death” (Morgan & Morgan). A few months ago, my mother got into a car accident. She went to the doctor and complained of neck pain. The doctor told her that she just needed to rest and it was just a minor issue. A few weeks later, she returned to the hospital because the pain just seemed to worsen. After conducting a few tests, the doctor then found out that she had a compression fracture. As a result, she had to go to physical therapy. Doctors make mistakes and it’s up to the patient to let them know when they fear that something is bothering them. Per the United States National Practitioner Data Banks, the highest medical malpractice rate of 70% comes from physicians. While dentists carry 13% and nurses carry 9%. Malpractice in healthcare is a serious issue that should be taken seriously. According to the American Journal of Medicine, each year up to 15 percent of patients suffer needlessly as a result of wrong diagnoses, which include misdiagnosis and delayed diagnosis.
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….
I have been aware of medical errors for some time now. While in nursing school I have heard many stories from classmates and instructors of instances where people they knew, or loved ones had been either harmed or died because of a medical error. I have had experiences with medical errors. When I was in the hospital for the birth of my first child, the nurse that came to change out my IV bag did not check the
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...
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.
Explain the issue or dilemma using information from the readings in the book and other sources.
Paul Mountjoy, a reporter of the Washington Times, asks whether medical errors are ranking third in causing deaths in US. In the article, he notes that medical error complications are an emerging major public health issue as he reports that nearly 400,000 American patients die annually due to complications resulting from medical errors. The trend seems to be growing because nearly 10 years ago the figure was nearly 250,000 cases. This is according to a report by Dr. Starfield. Without much guess, this confirms that actually medical errors rank third in killing American citizens. Cancer and heart complications of course take the lead.
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.
Despite records breaking of medical malpractices and serious misconduct that put patients at risk, many doctors are still able to practice medicine. Whether narrowly avoided or followed as a consequence of patient injury, medical errors have increasingly taken a center stage in health care debates. Health care professionals, patients, policy makers and politicians have engaged in a close fight with the extreme consequences and facts of medical errors. Because of cases ranging from failure to disclose medical errors, wrong site surgery, negligence and incompetence, doctors should lose their medical license.
A proper way to define defensive medicine is the action of a physician recommending a diagnostic test or treatment that is not necessarily the best option for the patient, but instead an option that may potentially prevent the physician from being sued for medical malpractice (Tuers, 2013). This type of treatment has began as early as the 1800s but not until the 1960’s was it seen as an issue. It wasn’t until that time period that defensive medicine was recognized as an issue. Before then, physicians were self employed and their motives were rarely questioned by patients (Tuers 2013). Surprisingly, the United States is the only major country that holds the physicians personally and financially liable for their own medical errors. This could be one of the main reasons for the prevalence of this malpractice. Defensive medicine as an unlawful act all began with the increasing number of medical malpractice lawsuits. Medical malpractice is similar to defensive medicine in the sense that it is the combination of...
A tort is considered to be a civil wrong from which injury occurs to another person whether it is intentional or accidental. For such an offense, monetary value is the usual form of remedy. A classification of torts is that of negligence. “The tort of negligence allocates rights to individuals who have suffered damage, to their property or themselves, against a party that has failed to take reasonable care for that person’s safety” (Adams 2008). For an individual to have a successful claim in the tort of negligence, there must be proof of the duty of care, failure to perform that duty and damage suffered. Duty of care means that the claimant should show that the defendant should have thought about them (the claimant)
There are several types of medical errors. Those errors are including, but not limited to: Treating the wrong patient; administering the wrong medicine to the patient; doing surgery on the wrong part of the body; extraction of wrong tooth; forgotten a surgical object inside the body (gauge in abdomen for example); fake doctors in Africa. Many of those errors are
To most of society, medical errors reflect poorly on a doctor. Many accuse the physician of being negligent and incompetent in the event of a medical error, but the truth is they are simply human. The stigmatization of medical errors is a result of the high, almost god-like, expectations society has placed upon physicians. In his book Complications: A Surgeon’s Notes on an Imperfect Science, Dr. Atul Gawande highlights several reasons doctors have trouble admitting their medical mistakes and why they shouldn’t.
This not only affects the lives of the patients, but also the lives of therapists. A simple mistake can ruin an individual’s life, as well as the therapist, doctor, or any health practitioners, and depending on the severity of the misdiagnosis, it may last a lifetime. With so many negative impacts of misdiagnosis, many might ask what are University and professionals doing to put an end to it. There’s so many ways Universities can help prevent misdiagnosis “Teaching medical students in a way that doesn’t always center on looking for the quickest, easiest diagnosis could mean better diagnoses for millions of people every year. Medical students are trained that ‘when you hear hoof beats, think horses, not zebras.’ This cognitive shortcut generally works well, but combined with the pressured reality of modern medical practice, it impacts a doctor’s capacity for critical thinking” as reported by Seattle times from an article named Millions of Patients are Being Treated for the Wrong Condition. First, Universities should teach future therapists and other health practitioners how to appropriately use the Diagnostic and Statistical Manual of Mental Disorders before diagnosing a client. Additionally, universities need to make sure studies are ready to work with a patient before trusting them to diagnose a client. Universities are not the only ones to blame when it comes to
Clinical negligence, also known as medical negligence is a classification for situations in which a doctor or healthcare provider acted irresponsibly, resulting in unnecessary harm or injury. Put simply an unreasonable action carried out by a doctor caused significant harm to a patient.
The world for the medical care field is one that has changed dramatically over the years so much so that medical errors have become the third leading cause of death in America. Unfortunately, this is not common knowledge to majority of the population stepping into a hospital today. This in itself is concerning because the amount of people who enter the hospital are generally sick, ill, or injured can sometime due to negligence of any other form of medical malpractice can become increasingly worse just by trusting their health care professionals. These doctors have the power to determine whether an individual live or dies, this is evident as thousands of people are killed by leaving there fate in the