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Medical malpractice and how patients and physicians are affected
Topics on medical malpractice
Medical malpractice and how patients and physicians are affected
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Introduction to Medical Malpractice Injuries Medical malpractice occurs when a doctor or healthcare medical professional makes a mistake that causes serious injury, physical or mental harm or death. Legally, it is considered medical malpractice when a doctor fails to comply with a reasonable standard of care. It is a form of negligence that applies to those in the medical profession. Tragically, a doctor’s mistake can have severe, or even deadly, consequences for trusting patients and their families. Because most death certificates are filled out by physicians or other medical personnel, it is hard to quantify exactly how many deaths are caused by medical error. However, a study by researchers at Johns Hopkins Medicine says medical errors should …show more content…
In addition, the requirements include an “affidavit of merit,” wherein a medical expert certifies that the evidence shows that malpractice has occurred. Here are some examples of medical malpractice: - Failure to diagnose or discover a medical condition - Misdiagnosis of a medical condition, resulting in improper treatment that fails to cure the original ailment and may lead to additional illness or disorders - Failure to treat a patient’s medical condition properly - Failure to administer anesthesia safely - Failure to manage a pregnancy or deliver a baby in a safe manner. (See the section on Birth Injuries (link) for more information on these types of malpractice injuries) - Failure of a nurse or other staff member to keep a treating physician informed of a patient’s condition - Failure to administer medications properly, including wrong medications or incorrect dosages - Failure to protect a patient from a fall or other injury on hospital
The Institute of Medicine (IOM) reported in 1999 that between 44,000 and 98,000 people die each year in the United States due to a preventable medical error. A report written by the National Quality Forum (NQF) found that over a decade after the IOM report the prevalence of medical errors remains very high (2010). In fact a study done by the Hearst Corporation found that the number of deaths due to medical error and post surgical infections has increased since the IOM first highlighted the problem and recommended actions to reduce the number of events (Dyess, 2009).
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….
On Thursday, 11/12/2015, at 17:01 hours, I, Deputy Stacy Stark #1815 was dispatched to a domestic disturbance in progress located at 66 Paper Lane, Murphysboro, IL 62966. It was reported that a 15 year old female juvenile was busting out windows on her mother’s vehicle. Deputy Sergeant Ken Lindsey #2406 and Deputy John Huffman #2903 responded as well.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
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,
Within the scenario, there was a lack of communication between the resident and nurse. There were no established principles for communication on the unit. Nurses could write on a bulletin board if they had a non-urgent matter to discuss with the doctors. The other method for communicating with doctors was to directly page them. Interprofessional rounds occur only once a week which does not account for the communication required between the doctor and nurse on a daily basis. There were no other formal communication methods for when doctors can speak to nurses. Nurses hear from doctors if they happened by chance to have seen the doctor, by word of mouth from other members, or from orders. The resident in the scenario did not seek out the nurse for second opinions and did not let her know about discharge plans. Thus, there was a lack of communication about care
Explain the issue or dilemma using information from the readings in the book and other sources.
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.
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.
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
The patient is a female in her early twenties who came in the hospital due to sickle cell crisis. She was in grave pain especially in the joints. Her hemoglobin level was low so the Physician ordered 2 bags of packed red blood cells and pain meds Q4hrs. The patient explained many times that the dose the physician ordered was not sufficient and that she needed more help. The nurse promised to contact the physician and to inform her of the response. The fact is she never did and was called urgently hours after to calm her patient who was crying in agony and wanted to go home to be in pain. She screamed out that no one cared. Some nurses were even callus enough to say if she wanted to leave then hand her the relevant document and allow her to go.
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...
Failure to communicate information that affects care (e.g., inadequate or inaccurate documentation, as well as not contacting a physician with pertinent patient information when applicable).
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
Allen.M, (2013). How Many Die From Medical Mistakes in U.S. Hospitals? Retrieved on March 29, 2014 from http://www.npr.org/blogs/health/2013/09/20/224507654/how-many-die-from-medical-mistakes-in-u-s-hospitals