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Malpractice in healthcare fields
Medical ethics justice
Malpractice in healthcare fields
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Licensing boards or other state agencies must follow due process procedures when pursuing disciplinary action against a licensee or registrant due to the 5th and 14th Amendments of the United States Constitution. The 5th Amendment states “No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. The 14th Amendment states “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Due Process is an individual’s right to be treated fairly under all judicial or disciplinary circumstances. Due Process is a standardized …show more content…
Human error should not be punished by blame or shame. It should focus on process changes, procedure changes, effective education, change in design, and consideration of environmental factors Lecture notes, 2018). Just culture attempts to differentiate between human error, at-risk behavior, and reckless behavior to accomplish the best way to handle situations that have harmed the patient. The treatment of pharmacists whose actions have harmed a patient is demonstrated in the Eric Cropp case. He was accused of involuntary manslaughter for the death of a 2 year old girl by not checking a lethal dose of a cancer compounded salt solution (Cleveland, 2009). Prosecutors wanted charge Eric with reckless homicide even though this was a human error. According to Just Culture Eric should have been supported due to the failure of the system but instead he was treated harshly like a cold killer. Eric was sentenced to five years in prison with a 10,000 fine (Cleveland, 2009). This may have been evaluated differently with the concept of Just Culture because Eric would have received fair
Chasing Zero is a documentary which was meant to both educate the viewer on the prevalence of medical harm as well as to enlighten both the public and health care providers on the preventability of these events (Discovery, 2010). The documentary expounded on the fact each year more people die each year from a preventable medical error than die due to breast cancer, motor vehicle accidents or AIDS (Institute of Medicine, 1999). Medical harm can result from adverse drug events, surgical injuries, wrong-site surgery, suicides, restraint-related injuries, falls, burns, pressure ulcers and mistaken patient identities (Institute of Medicine, 1999). Incidences of medical error have been reported in the media for many years. The most startling revelation in the documentary is how common medical errors are and how preventable they are.
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Kohn, L. et al. 2000. To err is human: building a safer health system. Washington D.C. National Academies Press.
The Fourth Amendment to the Constitution states that individuals have the right to be secure in their persons, houses, papers, and impacts, against absurd searches and seizures, yet the issue close by here is whether this additionally applies to the ventures of open fields and of articles in plain view and whether the fourth correction gives insurance over these also. With a specific end goal to reaffirm the courts' choice on this matter I will be relating their choices in the instances of Oliver v. United States (1984), and California v. Greenwood (1988) which bargain straightforwardly with the inquiry of whether an individual can have sensible desires of protection as accommodated in the fourth correction concerning questions in an open field or in plain view.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” is stated in the United States Constitution as the Second Amendment. Several Americans wish to rid of guns from citizens, disobeying and disrespecting the Constitution. I shot my first gun when I was young and have always been surrounded by them. My neighbor does not leave the house without carrying one, nor does my eighteen year old friend. Never once have I felt unsafe or uneasy knowing that there was a gun close to me. The right to bare arms has become a popular local battle in which some people want to reduce the freedom of one owning firearms while others wish for the
For hundreds of years Americans have been growing up with the notion that it is a right to own a gun. Since the creation of the second amendment, people all over the United States have been able to guns for private use. Guns operated by the public are said to have a variety of uses such as, being able to protect oneself if conflict arises, grants the ability to put food on the table, and are used in competitions shooting targets against other people. But for many people guns have been seen as the root of all evil. Anti-gun users think that guns cause a variety of unexpected and innocent deaths. They also think that there are not enough laws in place that allow just about anyone to purchase a gun. The question of should guns be legal to all citizens has plagued our society. Do you think it is morally right for anyone to arm themselves and use it when they deem it to be necessary? Or do you think that the 2rd amendment seem unnecessary and outdated law that needs to be rewritten? These questions are just two of many that have thrown back and forth between pro-gun and anti-gun users.
One of the most important amendments in the United States Constitution and which is also part of the Bill of Rights is the Fourth amendment. The Fourth Amendment protects people from being searched or arrested by police officers or any law enforcement without a reason. An officer may confront you and ask to search your house but if they don’t have a search warrant, they cannot legally pursue it without good reason and permission from a judge. Now what happens when a person is being arrested? Does the police or any law enforcement need a search warrant? The answer to that question would have to be no. This is where “Search incident to arrest” comes into play. Search incident to arrest (SITA), which could also be called the Chimel rule, is a
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
My claim: I argue in favor of the right to die. If someone is suffering from a terminal illness that is: 1) causing them great pain – the pain they are suffering outweighs their will to live (clarification below) 2) wants to commit suicide, and is of sound mind such that their wanting is reasonable. In this context, “sound mind” means the ability to logically reason and not act on impulses or emotions. 3) the pain cannot be reduced to the level where they no longer want to commit suicide, then they should have the right to commit suicide. It should not be considered wrong for someone to give that person the tools needed to commit suicide.
Due process is a right afforded us in the United States Constitution. It is mentioned in both the 5th and 14th amendments (Cornell University Law School, 2014). Due process is as relevant today as it was the day it was written as it “assumes that freedom is so important that every effort must be made to ensure that criminal justice decisions stem from reliable information (Cole & Smith, 2007, p. 11)”. The due process clause contained in our constitution is meant to afford all our citizens legal equality. Guilty until proven innocent is a widely known statement and it because of due process that this right is afforded us. This means that an accusation of criminal deviance must be proven beyond all reasonable doubt. Certain presumtions may be made and accepted as fact should no evidence to the contrary be presented; however, a jury of our peers (or a Judge should a jury trial be waived) must decide our fate based on the facts as they understand them and not on supposition. Due process also provides the expectation that all procedures of law will be followed to safeguard legality. Due process is the only statement contained in more than one amendment; thereby, acknowledging a specific intention. (Cornell University Law School, 2014). Due process protects us from any single state having the right to deny us life, liberty, or property without first following the proper legal channels.
In healthcare systems, there is a concept of fair and just culture. That concept is important to manage the risk. In any organization, errors can happen. But, the best first tool to understand the error is to report it when it happens. Reporting error
The Due Process Clause is a legal obligation that all states must follow. The clause requires all state entities to provide fair procedures and to obey all laws. According to US Legal the Due Process Clause states, “Thus the due process clause in the constitution prohibits the state and local government from depriving people of their life, liberty, or property without certain steps being taken.” The clause is also discussed under the fifth and fourteenth amendments. If someone’s rights before or after arrest or during due process were violated, they can file for an appeal. Some rights which could be appealed are unreasonable search and seizers which if located in the fourth amendment, the right to remain silent or Miranda rights which is the fifth amendment, right to a speedy trail
Institue of Medicine. To Err Is Human: Building A Safer Health System. Washington D.C.: National Academy of Sciences, 1999. Print.
The health care is extremely important to society because without health care it would not be possible for individuals to remain healthy. The health care administers care, treats, and diagnoses millions of individual’s everyday from newborn to fatal illness patients. The health care consists of hospitals, outpatient care, doctors, employees, and nurses. Within the health care there are always changes occurring because of advance technology and without advance technology the health care would not be as successful as it is today. Technology has played a big role in the health care and will continue in the coming years with new methods and procedures of diagnosis and treatment to help safe lives of the American people. However, with plenty of advance technology the health care still manages to make an excessive amount of medical errors. Health care organizations face many issues and these issues have a negative impact on the health care system. There are different ways medical errors can occur within the health care. Medical errors are mistakes that are made by health care providers with no intention of harming patients. These errors rang from communication error, surgical error, manufacture error, diagnostic error, and wrong medication error. There are hundreds of thousands of patients that die every year due to medical error. With medical errors on the rise it has caused the United States to be the third leading cause of death. (Allen.M, 2013) Throughout the United States there are many issues the he...
Diagnosis and treatment were once viewed as medical processes that required assistance from a professional doctor but has now changed into actions that can be easily completed independently. Not only has this new culture seemingly removed doctors from health care, but it has also exposed the doubt that Americans have on authorities. Today, authorities are not viewed as knowledgeable and helpful human beings, but are rather described as people who commit small, unforgiving mistakes and are capable of hurting others. The aggressive attitudes of anti-authoritarians have not made them seem more superior than authorities but has only given Americans a cowardly