Can I File Medical Malpractice For An Emergency Room Mistake?
Emergency room doctors, nurses, and other staff work hard to provide medical care when it is needed the most. In many cases, these medical professionals make life and death decisions every day. However, regardless of how busy an emergency room may become, each patient deserves the best medical treatment possible. If a medical mistake is made, the medical professional and the hospital should be held accountable for that mistake.
Common Emergency Room Mistakes That Could Lead to a Medical Malpractice Claim
There are hundreds of mistakes that may happen as emergency room doctors and nurses treat patients. However, we see some emergency room mistakes more often than others in medical
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However, if the medical professional had the time but just failed to obtain a medical history, this could lead to medical malpractice if the patient suffers harm for the oversight.
• Failure to Obtain Informed Consent – Again, in a life or death situation, the doctor may not be able to obtain informed consent prior to performing a procedure. However, a patient has the right to make decisions about treatments based on full disclosure of the risks and benefits. Unless it is life or death, the doctor must obtain informed consent before performing a procedure.
• Failure to Diagnose – This is a common medical malpractice claim throughout the healthcare industry. In an emergency room, the failure to diagnose could be the result of fatigue or distraction.
• Mistakes With Medications – This is another common medical malpractice claim; however, in the hectic environment of an emergency room, it can easily happen. Doctors can make mistakes in prescribing medications and nurses can make mistakes in interpreting a doctor’s instructions and/or notes.
• Negligence – Negligence can take many forms. If a medical professional fails to adhere to the industry’s standard of care, he or she can be guilty of medical
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Your physician should discuss your medical treatment, including any risks and benefits associated with a specific treatment. However, emergency rooms can become extremely busy causing physicians and nurses to rush through conversations and explanations.
You are your best advocate in an emergency room. Before you consent to any medical treatment, make sure you understand all of the potential risks and benefits. Questions you may want to ask include:
• Why are you prescribing this specific test?
• Are there any risks associated with this medical test?
• What are the risks associated with taking this medication?
• Will this medication interact with any other medications I take?
• Have you ruled out any other medical conditions? If so, what did you base your decision on?
• Are there any alternative treatments? Why did you choose this specific treatment?
• Are you admitting me to the hospital? Why or why not?
When you are discharged, make sure you ask questions regarding your discharge instructions. Do not leave the hospital until you have all of the information you need to take care of yourself.
Have You Been Injured By A Medical
In the healthcare industry, medical malpractice has a history that extends way beyond the days of physicians carrying a black bag full of medication and remedies to treat patients. Health care has since evolved to digital technology that can detect and treat disease. However, before physicians had advanced machinery making medical diagnosis, doctors had their textbooks and medical judgment to rely on for treatment. Physicians are human and medical mistakes can happen, but should not happen due to negligence. With that said, medical malpractice lawsuits are not the latest trend in the United States. According to the US National Library of Medicine National Institutes of Health, medical malpractice lawsuits first appeared in the United States beginning in the 1800s. However, before the 1960s, legal claims for medical malpractice were rare, and had little impact on the practice of medicine. Since the 1960s the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are relatively common in the United States.
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 malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
Hospital medical errors can involve medicines (e.g., wrong drug, wrong dose, bad combination), an inaccurate or incomplete diagnosis, equipment malfunction, surgical mistakes, or laboratory errors. High medical error rates with serious consequences occurs in intensive care units, operating rooms, and emergency departments; but, serious errors that harmed patients may have prevented or minimized. Understand the nature of the error
Malpractice is defined as improper, illegal, or negligent behavior that falls below the professional minimum standard of care or service for a patient or a client, when injury or loss has been suffered by patient or client.(Merriam-Webster) Malpractice happens when you turn a blind eye to the wrongdoing in a healthcare setting, also known as omission. Omission is when you fail at doing something that you have a legal obligation to do.(Merriam-Webster) Malpractice essentially has four parts, duty, breach, damages, and causation. (“The 4 Elements of Medical Malpractice”) Duty, what you owe the patient, as a healthcare professional. Breach, what is owed to the patient when they are breached by the responsible party. Damages,
MacDonald, Ilene. "Hospital Medical Errors Now the Third Leading Cause of Death in the U.S." FierceHealthcare. N.p., 20 Sept. 2013. Web. 25 Mar. 2014.
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.
Negligence and malpractice are terms that many use interchangeably, but the meanings are very different. Healthcare is one practice that has been in existence for centuries whether informally or formally. Since the first birth of any kind, the nurturing and caring of each other man or beast utilized the methods available to restore or maintain life. Since the 19th century, instructional school for nursing was established, streamlining the institution of health care today. In the previous centuries, caring for the sick was not the industry we know today. One did not worry about negligence and malpractice lawsuits, but today one has to be knowledgeable and aware of the implications of both negligence and malpractice in the 20th century practice of healthcare. This paper will explore the difference between negligence, and malpractice, and what one can do as humanly possible, to avoid being the subject of either. It will explore the importance of accurate and adequate documentation and how important it is for nurses to maintain Professional
The term "medical negligence" is often used synonymously with "medical malpractice," and for most purposes that's adequate. Strictly speaking though, medical negligence is only one required legal element of a meritorious (legally valid) medical malpractice claim.
According to Poorolajal, medical errors occur when health care providers choose inappropriate methods of care or improperly execute an appropriate method of care (Poorolajal, et al. para 5 -10), which could potentially lead to loss of life and severe or permanent trauma to the victim. Valiani et al. argues, “Committing an error is part of the human nature” (540). Valiani et al. insist that no health care practitioner is immune to committing an error event if they demonstrate mastery of their skills (540). However, error in health care systems is dependent on many causes and factors. Management of such factors is essential to reducing the occurrence of errors in a health care system. Therefore, what strategies can medical practitioners implement to reduce medical errors? Medical practitioners can implement strategies such as communication, verification, and eliminating extended work shifts. These strategies are most effective because they help medical providers fulfill their full potential in doing their job in the most effective
Many hospitals have systems of checks and balances to avoid errors, but what happens when the systems do not work? Today in the United States, medical errors are the fifth-leading cause of death. In 2000, the Institute of Medicine released a study, “To Err is Human”, revealing an estimated 98,000 deaths annually from medical errors. While this figure is assumed to be lower than the actual, each death comes with an inherent cost to the health care system. In today’s terms this figure is underestimated, however the accompanied cost is estimated to be between $17 billion and $29 billion annually. According to Grober and Bohnen (2005), “Medical error can be defined as, “an act of omission or commission in planning or execution that contributes
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
It is shocking to know that every year 98000 patients die from medical errors that can be prevented(Kohn, L. T., Corrigan, J. M., & Donaldson, M. S. (Eds.), 2000). Medical errors are not a new issue in our healthcare system; these have been around for a long time. Hospitals have been trying to improve quality care and patients safety by implementing different strategies to prevent and reduce medical errors for past thirty years. Medical errors are the third leading cause of death after heart disease and cancer in America (Allen, 2013). In addition medical errors are costing our healthcare system an estimated $735 billion to $980 billion (Andel, Davidow, Hollander, & Moreno, 2012).
Keeping patients safe is essential in today’s health care system, but patient safety events that violate that safety are increasing each year. It was only recently, that the focus on patient safety was reinforced by a report prepared by Institute of medicine (IOM) entitled ” To err is human, building a safer health system”(Wakefield & Iliffe,2002).This report found that approx-imately 44,000 to 98,000 deaths occur each year due to medical errors and that the majority was preventable. Deaths due to medical errors exceed deaths due to many other causes such as like HIV infections, breast cancer and even traffic accidents (Wakefield & Iliffe, 2002). After this IOM reports, President Clinton established quality interagency coordination task force with the help of government agencies. These government agencies are responsible for making health pol-icies regarding patient safety to which every HCO must follow (Schulman & Kim, 2000).
Pleurisy is the inflammation of the tissues that line the lungs and chest cavities. This is