Irene Negrete Keith Diehl RADT99 07/14/2024. Medicolegal: Negligence Claim in Medical Malpractice Lawsuit The case of Galich v. Advocate Health and Hospital Corporation revolves around allegations of negligence in medical malpractice. This paper will explore the problem that caused the lawsuit, the standard of care expected in medical practices, how the standard of care was not met, and the outcome of the case. Gail Galich, filed a lawsuit as a plenary guardian for the estate of Steven Butts, a disabled person. The lawsuit was against the defendant, Advocate Health and Hospital Corporation, for the actions of a medical doctor named Micheal Soo-Young Joo. The lawsuit arose from an incident where Stephen Butt experienced severe brain damage following a medical …show more content…
After insertion, it is crucial to verify that the tube is correctly placed within the trachea using methods such as x-rays. Continuous monitoring should be followed to ensure the tube remains correctly positioned. In this case, it was alleged that Dr. Joo failed to meet these standards. Secondly, a breach of duty must have occurred by the doctor. According to the textbook, a breach is a failure to exercise reasonable care.2 The breach of the standard of care occurred when the doctor did not intubate the patient properly. It was claimed that Dr. Joo placed an endotracheal tube into the patient's esophagus without requesting for an x-ray to make sure it was properly placed. He failed to listen to the patient's breathing to ensure the tube was in the proper position.1 The third requirement that must be met is that the cause of injury was caused by the doctor's negligence.2 There may have been inadequate verification methods to confirm correct placement. Continuous monitoring might have been insufficient, leading to the delayed recognition of hypoxia. Lastly, it must be a fact that the injury to the patient actually occurred.2 The doctor's negligence must be shown