One of the most common examples of medical malpractice is wrong-site surgery (WSS). Wrong-site surgery is not only a liability risk, but it is a clinical, financial, and business risk as well. It is also considered a “never event” on the Center for Medicare and Medicaid Services’ list of never events. “The CMS adheres to the NQF definition that never events are (1) errors in medical care that are clearly identifiable and preventable, (2) serious in their consequences for patients, and (3) indicate a real problem in the safety and credibility of a healthcare facility” (Youngberg, 2011). Not only is wrong-site surgery an issue but so is wrong-patient and wrong-procedure.
“The Joint Commission (TJC) issued two National Patient Safety Goals targeting
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The first key element is recognizing the time out. “By recognizing the time out period immediately before a surgical procedure with participation from the entire surgical team and should include verification of the correct patient, procedure, side and site, patient position, and availability of correct implants and any special equipment of requirements” (Knudson, 2013). The time out period is of great importance by helping prevent medical errors and promoting patient safety. The second key element is the preoperative verification process which includes verifying that it is the correct patient and that they are to have the right surgery at the right location. The purpose of this step is to make sure that it is not the wrong site, not the wrong patient and not the wrong procedure. The third key element to the protocol is marking the site correctly. The purpose of this step is to help identify unambiguously the intended site of incision or insertion. Unambiguously means to make it very clear so that it is unable to be misunderstood. By using the universal protocol for WSS should significantly decrease the amount of medical malpractice that occurs, if it is done
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….
In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a
Medical malpractice has been a controversial issue in the healthcare setting for centuries. Apparently, there are laws to protect patients’ from medical mistakes and errors that are the result of negligence. After researching various laws and medical liability cases based on allegations of negligence, this paper will discuss and provide details on the medical malpractice case of Dorrence Kenneth versus Charleston Community Memorial Hospital. The case analysis will briefly explain information from the beginning to end, including: laws that were violated, codes in the healthcare industry that were breached by the physician and Charlesto...
Hospitals are busy places, and with so much going on it is hard to believe that mistakes are not made. However, there are some accidents that should never happen. Such events have been termed ‘never events’ because they are never supposed to happen. This term was first introduced by Ken Kizer, MD, in 2001 (US, 2012). The Joint Commission has classified never events as sentinel events and asks that hospitals report them. A sentinel event is defined as, “an unexpected occurrence involving death or serious physiological or psychological injury, or the risk thereof” (US, 2012). Never events are termed sentinel events because in the past 12 years 71% of the events reported were fatal (US, 2012). Because these events are never supposed to happen, many insurance companies will not reimburse the hospitals when they occur. A study in 2006, showed that the average hospital could experience a case of wrong-site surgery, one example of a never event, only once every 5 to 10 years (US, 2012). This study illustrates how rare a never event is. Hospitals do not want these never events to happen any more than a patient does. To help prevent these errors, hospitals have created policies that, if followed, will minimize the possibility of a mistake. The consequences of never events are devastating and because of this the goal is to make sure that they are eradicated from hospitals and medical facilities.
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.
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,
In “The Immortal Life of Henrietta Lacks” by Rebecca Skloot, race plays a significant role in the conflicts shown throughout the book. The experiences and results of the characters, especially Henrietta Lacks and her family, are significantly influenced by race. Jet, a member of Henrietta Lacks' family, expresses their frustration and determination regarding the unauthorized use of Henrietta's cells. Jet's message shows that the family feels taken advantage of and betrayed. They disagree that Henrietta Lacks' cells are being sold for a profit without their knowledge or approval, “I decided not to let them."
"Doctor, doctor, my body hurts wherever I touch it!” A young brunette exclaims. “Show me,” says the physician. The girl proceeds to poke multiple areas of her body and scream every time she does so. “Hmm,” the doctor remarks, “I think I ought to send you off to a specialist.” Wait a minute, that’s not how the joke goes, is it? Isn’t he supposed to say she’s a blonde with a broken finger? Well, in the future, the joke just might go like that. Lately, Americans and their physicians have been at odds. Citizens are focused on getting the treatment they deserve, while physicians are doing their best to provide it. Unfortunately, many people feel as though they have been shorted or neglected. The result? Medical malpractice litigations one after
Today, medical error has become a major and important challenge to health care systems across the globe. This is because medical errors often lead to harm that may also be non-repairable (Valiani et al. 540; Denham “Chasing Zero”). In 1999, the Institute of Medicine published a report that indicated that medical error in hospitals accounts for between 48,000 and 98,000 deaths annually (Swift et al. 78; Barger et al. 2441). As such, reducing the occurrence of medical errors has become an international concern. Poorolajal defines a medical error as “an act of omission or commission in planning or execution that contributes or could contribute to an unintended result.” (Poorolajal, et al. para 5 -10). In this case, it’s very important to acknowledge
The purpose of this paper is to identify a quality safety issue. I will summarize the impact that this issue has on health care delivery. In addition, I will identify quality improvement strategies. Finally, I will share a plan to effectively implement this quality improvement strategy.
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
For healthcare providers, there is no word that elicits as much frustration, fear and anger as much as the word “malpractice.” Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence. In order to prove that there was some type of negligence going on you must show that:
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).
Time out was done by the anesthesiologist, the circulating nurse, the surgeon, and the scrub tech all pausing before the surgery and verifying the patient’s name and date of birth, the procedure being done, the site and location on the body in which the procedure was being done, and documented the count of all the equipment the scrub nurse had before surgery to compare to after surgery. 5. The patient’s privacy was protected and respected throughout the whole surgical procedure. The staff was very professional and I felt I learned a lot from them during my OR experience. 6. A sponge count is when the scrub nurse counts the sponges that are unused before the surgery she relays this to the circulating nurse and it is documented. After the surgery the count is redone to make sure that there are no sponges left in the patient. 7. The circulating nurse documents the information and signs the chart in the operating room. From pre-op to the operating room the nurses in pre-op gave off report to the circulating nurse by SBAR. From the operating room to PACU the anesthesiologist went with the patient and handed off the patient’s condition and information to the nurse in there. 8. There were no ethical or legal issues that were raised during my observation in the whole surgical process. 9. I learned how the whole operating procedure works from start to finish, all the legal paperwork involved, and how the team interacts and helps each other out to give the patient a safe and