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Legal issues in nursing practice
Legal issues in nursing practice
Essay on malpractice in the medical field
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What is a medical negligence or malpractice? Medical negligence happens when a medical assisstant or any medical staff fail to use the appropriate care,which can lead to a damage,injuy or even death of the person they have performed anything on. Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. In 2010 a women sued the hospital of pitsburgh stating that she was given hepatitis C from a medical assisstant, and after researching the history of that medical assisstant , they found that that he was fired from his job at the hostital due to an abuse and stealing of narcotic medications that were used to treat cancer patients. Also was charged from a kansas court for stealing drugs and needles after he was sued by the other hospital he worked for .but he plea of not guilty. In January 19, 2009, the medical assistant working …show more content…
for OAS injected a vaccination to a patient named kerr , then she began feeling faint and fell off the examination table. The medical assistant tried to prevent the patient from falling on the floor, but she was unsuccessfull, which resulted on an injury of the patient . Kerr alleged that the medical assistant did not instruct her to lie down on the examination table after she was done injecting her vaccine. And after a long trial at the court they had to dismiss the case due to a liability of the company and that the vaccine didn’t have any side effects on it’s own. In 2009 a medical assisstant was arrested in LAS VEGAS because she was giving a botox injection to a patient while the doctor was supervising her.
She was simply following the doctoer’s orders thinking that all of the medical assistants must do so.but in the state of nevada medical board, medical assisstants are prohibited from giving any injections which led the medical assistant to a ten felony count on allegations of “unlawful practice of medicine”. And after months of being held accountable for the malpractice, the medical assisstant’s nightmare came to an end after her attorny found out that the ten felony count against her of “unlawful practice of medicine” were going to be dismissed because upon reading a 30 year law , the state medical board reversed its position stating that the state law allows rge medical assisstants to inject anything from flu shots to botox as long as they are under supervision of the
doctor. These cases just show that our heath is not just in the hands of the doctors and nurses, but it’s in the hand of the entier medical facility and beyond. So all the medical staff should help patients get better,not infect them with a new disease or health condition. And yes medical assistants get sued over anything that have affected a patient’s health and that would lead to a temination of their carreer as well as their reputation.
Adae Cynthia’s husband telephoned Dr. Avera about Cynthia’s hospitalization and relayed that she was suffering from continuing pain. Upon Dr. Avera's recommendation that he should transport his wife to the Middletown Regional Hospital emergency room, where Cynthia was seen by Tao Nguyen, M.D. They started by giving Cynthia a CT scan of her chest and head, which ended up being negative result for pulmonary embolism but it did reveal a sinus infection. Dr. Nguyen requested copies of her medical records from Clinton memorial hospital but Clinton’s record department was closed for the weekend. Dr. Nguyen discussed Cynthia’s case with Dr. Avera and instructed her to follow up with Dr. Avera on Monday, July 3. She was discharged with a prescription for pain medication. On the same day laboratory reported to a resident on duty that Cynthia’s blood cultures were showing gram positive cocci in clusters. The next day the laboratory reported to Dr.Pesante the Cynthia’s blood cultures were positive for staphylococcus aureus. Neither the resident on duty nor Dr. Pesante contacted Dr. Bain or the attending physician on-call about Cynthia’s blood culture results. The trial court found it unclear whether any Clinton memorial hospital employee attempted to contact appellees or Dr. Avera. Dr. Avera said if he would have learned of the positive blood culture she would have admitted her immediately to hospital and would have empirically started her on antibiotics and then
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….
While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
Mrs. Ard brought a wrongful death law suit against the hospital (Pozgar, 2014). The original verdict found in favor of Mrs. Ard, but the hospital appealed the court’s ruling (Pozgar, 2014). During the course of the appeal, an investigation of the records showed no documentation, by a nurse; of a visit to Mr. Ard during the time that Mrs. Ard stated she attempted to contact a nurse (Pozgar, 2014). The nurse on duty stated that she did check on Mr. Ard during that time; however, there were no notes in the patient’s chart to backup the claim that Mr. Ard had been checked on (Pozgar, 2014). One expert in nursing, Ms. Krebs, agreed that there was a failure in the treatment of Mr. Ard by the nurse on duty (Pozgar, 2014). ...
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.
The tort of negligence is the failure to exercise the standard of care that a reasonable person would exercise in a similar circumstance. Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. Four elements are required to establish a prima facie case of negligence. The existence of a legal duty to exercise reasonable care, a failure to exercise reasonable care. Cause in fact of physical harm by the negligent conduct; physical harm in the form of actual damages and proximate cause. Which is showing that the harm is within the scope of liability.
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
In short, medical negligence becomes medical malpractice when the doctor’s negligent treatment causes undue injury to the patient -- makes the patient’s condition worse, causes unreasonable and unexpected complications, or necessitates additional medical treatment, to name just a few examples of what’s considered “injury” in a malpractice case.
That is the rising number of negligent acts committed by medical professionals. Failure to follow standard of practice is the leading root cause of the troubles involving malpractice. Failure to assess and monitor the patient, failure to communicate, medication errors, negligent delegation or supervision and failure to obtain informed consent from patients are the top failures leading to malpractice. The American Nurses Association provides scopes and standards that if followed could prevent many of the negligent acts. Duty, Breach of Duty, Foreseeability, Causation, Injury, Damages must be proven for a nurse to be held
A traveling nurse is taking care of four patients on med surg floor at the hospital during a Monday morning shift. She is a new nurse who just started working in this facility a few months ago. This one patient is having continuous IV medication from a piggy-bag medication and the nurse is supposed to change the bag regarding the physician’s order. When the nurse comes into the room, she finds out that the previous medication bag is still full and the medication has not been administered into the patient. After assessing the patient’s condition and double-checking the medication, she hangs the new piggy-bag on the IV pole. There is no incident report filled and no-one is informed about this incident. The nurse claims that the patient’s condition is stab...
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
This paper will explain what role ethics and bioethics play in healthcare administration. Ethics and bioethics will be defined in regards to administrative responsibilities. This paper will also explain why it is important for a healthcare administrator to be familiar with and implement a positive role concerning ethics and bioethics in healthcare administration. It is important because their behavior trickles down to staff. Administrative decisions affect patient confidentiality and either keep a smooth running situation or create chaos and disorder. Staff directly advocates for the company and impacts patient care. Positive implementation of ethical and bio-ethical behavior upholds the integrity in a very delicate field involving
The cost of healthcare fraud is tens of thousands of dollars every year. The Federal Government have had to put fraud and abuse laws into place due to this. While most healthcare providers are in their fields to benefit patients and receive honest pay for their services rendered, there are also some deceitful healthcare providers who are the reason the fraud and abuse laws came about, and physicians are expected to abide by said laws. False Claims Act (FCA), Anti-Kickback Statute (AKS), Physician Self-Referral Law (also known as Stark Law), Social Security Act (includes the Exclusion Statute and the Civil Monetary Penalties Law (CMPL)), and United States Criminal Code make up these fraud and abuse laws (Medicare Learning Network, 2017).