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Medical malpractice research paper
Medical malpractice research paper
Medical malpractice abstract
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Despite records breaking of medical malpractices and serious misconduct that put patients at risk, many doctors are still able to practice medicine. Whether narrowly avoided or followed as a consequence of patient injury, medical errors have increasingly taken a center stage in health care debates. Health care professionals, patients, policy makers and politicians have engaged in a close fight with the extreme consequences and facts of medical errors. Because of cases ranging from failure to disclose medical errors, wrong site surgery, negligence and incompetence, doctors should lose their medical license. One of the biggest issues the health industry has is the fact that most doctors will not admit making an error, and if they do, they usually …show more content…
In fact, an article publishes on CBS News (9.12.14) explore the records of 25 doctors with the most malpractice payouts in Florida. These doctors even with a numerous number of malpractice cases have continued to provide medical care to patients. To support their story and denounce practice by doctors, lawyer and even the Medical Boards of Medicine, CBS News did an article about doctors and their malpractices cases, they focus more on the story of a doctor who lost his wife due to medical negligence. According to CBS the surgeon, Dr. Ernest Rehnke of St. Petersburg, denied wrongdoing. But he settled the case for $250,000 - the maximum his insurance policy would pay for a single claim. In any giving time, a case such as this case you be punishable differently specially if a doctor is found to have committed many infractions in the past. Dr. Sidney Wolfe told CBS News that “When you look at these doctors with the largest number of malpractice suits, you have to ask the question -- at what point could we have prevented the last five, or the last ten?”
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 closing this story, as well as many others should be a lesson on why we as patients should research our doctor’s background intensely before we choose to be under their care. If we are referred to a doctor by another doctor it is okay to still investigate their history with past patients. It is our bodies and our choice who we let perform surgery or any other procedure on at all times. If we feel uncomfortable at any time for any reason we have the right to refuse care from any doctor. So many people do not realize this and it is a sad fact. I urge everyone to do their homework on their doctor before choosing one. Look at their school back ground, accreditations, years in the field as well as lawsuits or complaints filed. These steps will help weed out the negligent doctors.
Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed. If a patient is filing for a medical malpractice case, the l...
The malpractice must be filed within two years after the incident was discovered but with no more than four years after in case of fraudulent concealment or intentional misinterpretation. However, this should not be beyond seven years after the occurrence of the actual incident (Miller, 2006). Many states have implemented no limit on the award given on the victim if he wins the case and the total sum to be given is dependent on the decision of the jury. However, the state of Florida implements caps on the amount of award to be given. Non-economic damages ranges from $500,000 to $1,500,000 only and may be doubled in severe injury on the patient and depending on the circumstances of the malpractice and its effects on the individual and immediate family.
Negligence and malpractice are terms that many use interchangeably, but the meanings are very different. Healthcare is one practice that has been in existence for centuries whether informally or formally. Since the first birth of any kind, the nurturing and caring of each other man or beast utilized the methods available to restore or maintain life. Since the 19th century, instructional school for nursing was established, streamlining the institution of health care today. In the previous centuries, caring for the sick was not the industry we know today. One did not worry about negligence and malpractice lawsuits, but today one has to be knowledgeable and aware of the implications of both negligence and malpractice in the 20th century practice of healthcare. This paper will explore the difference between negligence, and malpractice, and what one can do as humanly possible, to avoid being the subject of either. It will explore the importance of accurate and adequate documentation and how important it is for nurses to maintain Professional
In the case of Tomcik v. Ohio Dep’t of Rehabilitation & Correction, the main issue present was the medical negligence demonstrated by the staff of the medical clinic at the Ohio Department of Rehabilitation and Correction towards the inmate Tomcik. Specifically, nonfeasance, or the “failure to act, when there is a duty to act as a reasonably prudent person would in similar circumstances” (Pozgar, 2016, p. 192), was displayed when the employees at the medical clinic failed to give immediate medical attention to Tomcik when she continually signed the clinic list and “provided the reason she was requesting
The healthcare reform debate has been politicized in the United States for many years where there have been deliberate efforts by various stakeholders to ensure that they push for the reforms that are in line with the cost-benefit aspects that they have already envisioned. In this paper, I will attempt to prove that the reforms that have been witnessed in the healthcare in the recent years have not been effective and helpful to the society as a whole. When President Obama came into office, he promised to oversee great reforms in the healthcare which is his government he face much priority in the social policy aspects. The congress managed to pass the Patient Protection and Affordable Care Act (PPACA).
I believe the doctors, the patients, and the family members if the patient deceased are the only people who should see medical records. This is a proven fact but also something you shouldn’t have to think about when it’s asked.
Doctors, like every other person, are human beings and thus they can make mistakes just like everyone else. However, when a doctor makes a mistake, it is much more serious than a fast food employee messing up your order. Doctors must follow a set of ethical guidelines in order to minimise the amount of mistakes they make. In a perfect world everyone follows the
Last November I fought with many, employees, at Martin Luther King Hospital with my son of only six months burning up with a fever of 105 degrees Fahrenheit in my arms. Each minute wasted by Doctors, Nurses, and security all who could have saved my son’s life.The doctors told me they could not provide the care my son needed in order to survive, for one reason, because, my insurance was not approved. As my son started to seize in my very arms the doctors and nurses still could not do anything for me, or my son, they told me he needed an antibiotic immediately. I stormed out of that Hospital and had to transfer my son by myself to another hospital. I definitely learned how flawed American healthcare was that day.
In the United States of America, people view health care as a product to be bought and sold. Therefore, anyone who could not avail the health care would not have any coverage. Without any form of health care, someone could not achieve their outstanding potential when sick. United States has spent so much money in trying to make this country as one of the best in the world. There is economic growth if the health of the citizenry is safeguarded. In this nation that is known for its wealth, it is very ironic to find people without proper insurance due to high cost and therefore are denied health care (Bergen, Fultz, Kessie, & Osburn, 2015). Society is denying them the right to live. Butts & Rich (2005) stated that in order to achieve social
Did it ever occur that America is one of the richest nations, yet fail to deliver proper health care system? The reason why many Americans around us are dying due to the cause of not having health care, because they simply don’t have any kind of health insurance. Now in 2016, there are news of the health insurance about a candidate Senator Bernie Sanders trying to reform to expand Medicaid; even further, by introducing the single payer health care option to all uninsured citizens. With the development of a better health insurance, living standards can improve, health care will be more affordable, and the mortality annually should decrease; therefore, it should be given to every citizen.
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).
Life is full of uncertainties. Risk lurks in every nook and corner of human life. In short, life is unpredictable. We need to be prepared for such circumstances. Leading a happy life, involves good planning and analysis for your personal health. Accidents do happen and you need to be prepared for such situations. In times of high health cost, you need to get covered for health risks.