In the healthcare industry, medical malpractice has a history that extends way beyond the days of physicians carrying a black bag full of medication and remedies to treat patients. Health care has since evolved to digital technology that can detect and treat disease. However, before physicians had advanced machinery making medical diagnosis, doctors had their textbooks and medical judgment to rely on for treatment. Physicians are human and medical mistakes can happen, but should not happen due to negligence. With that said, medical malpractice lawsuits are not the latest trend in the United States. According to the US National Library of Medicine National Institutes of Health, medical malpractice lawsuits first appeared in the United States beginning in the 1800s. However, before the 1960s, legal claims for medical malpractice were rare, and had little impact on the practice of medicine. Since the 1960s the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are relatively common in the United States. Introduction 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... ... middle of paper ... ...ulations in the U.S. judicial system is “most define the law as a system of principles and processes by which people in a society deal with disputes and problems, seeking to solve or settle them without resorting to force” (p. 15). Some situations cannot be rectified in a board meeting. However, negligence is in the category of objectives of tort law, it is also the most popular lawsuit pursued by patients against medical professionals against doctors and healthcare organizations (Bal, 2009). Objectives of Tort Law Works Cited Bal, S. (2008). An Introduction to Medical Malpractice in the United States. Clinical Orthopaedics and related research, 467(2), 339–347.doi: 10.1007/s11999-008-0636-2 Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/ Pozgar, G. (2012). Legal Aspects of Health Care Administration. Sudbury, MA: Jones & Bartlett Learning.
Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease.
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….
While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
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
Chapter fifteen in Legal Aspects of Health Care Administration by George D. Pozgar covered a major topic in health care. I found this chapter the most attention-grabbing of the options given to the students to base their paper on.
Showalter, J. S. (2012). The Law of Healthcare Administration (6th ed.). Chicago, IL: Health Administration Press.
Showalter, J. S. (2007). Southwick’s the law of hospital & health care administration, 5th ed.
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...
Forrester, K., & Griffiths, D. (2010). Essentials of law for health professionals. Sydney: Mosby Elsevier. Retrieved from Google Books.
For hundreds of years doctors and other medical professionals have gotten away with little to no punishment when doing wrong in the medical field. Medical Malpractice happens in the care of the reckless medical professional and can be stopped by the correct supervision and discipline. Although medical malpractice is something huge, it could be eliminated by just taking a little extra time and review the care that is being given to a patient. Would you allow someone to give the care you’re giving to others, to your own family? You need the bed, so you discharge early. Patients aren’t properly informed. Legal documents aren’t thoroughly explained. Shortage of staff, hospital downsizing, or mergers. (“Nursing Center”) The only thing that the medical team should be worried about it the care of all of the patients. The medical field would become more advanced if the actual medicine was practiced the right way. Lives are being compromised everyday with incompetent doctors, practicing medicine. Medical Malpractice can be solved with the buckling down of the medical professionals, and the administration that watch over these professionals. Medicine is a complicated field, where lives, money, and careers are put on the line for such an important matter. Together, we can lessen, even eliminate Medical Malpractice all
A law is a rule of conduct or action, required (governments endorse laws) to maintain order and public safety in case of a breakdown of law. The criminal & civil law is applied to health-care practitioners or providers, if criminal wrongdoing or negligence occurred in patient’s care. Ethics or moral values serve as the basis for ethical conduct. Our societal values, Family, and cultural values help form an individual’s moral value (Pozgar, 2014, p. 217). The Pozgar further suggests that the healthcare executives needs to understanding the development of law, sources of law, the meaning of different terms to effectively handle change in environment due to frequent policy implementations.
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.
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
Rooted in the intentions of weeding out dangerous practitioners, the blooms of the litigations created a toxic environment for physicians. The causes behind medical malpractice are justified, but the application needs work. Lawsuits inadvertently raise physicians’ liability insurance premiums, which financially and emotionally stresses them, who in turn leave an area and its residents. The effects of the lawsuits are felt by both doctors and patients. This is not to say that many physicians do not flourish in the healthcare system — they do. Hopefully, the effects of medical malpractice lawsuits can transform the toxic environment into one that facilitates growth and prosperity for
When it comes to medical malpractice law, medical negligence is usually the legal concept upon which the case hinges, from a "legal fault" perspective. Negligence on its own does not merit a medical malpractice claim, but when the negligence is the cause of injury to a patient, there may be a good case for medical malpractice.