Medical Malpractice: Caring Memorial Hospital

1431 Words3 Pages

Legal Malpractice Case Medical malpractice occurs when a hospital, an advanced practice nurse, or other healthcare professional causes an injury to a patient through a negligent act of commission or omission, in the area of diagnosis, treatment, or healthcare management. The medical malpractice case reviewed in this paper involved a patient, Yolanda Pinellas, a 21-year-old female student at Ithaca College who was studying to become a music conductor. Yolanda was diagnosed with anal cancer and was admitted to Caring Memorial hospital to receive Mitomycin for her chemotherapy. Standards of care were not followed in the intravenous (IV) administration of vesicant Mitomycin, and there was an IV infiltration of the vesicant. Two weeks after the …show more content…

When the standard of care has not been met, then negligence or breach of duty may be established. Liability is the responsibility for the consequences of one’s act of omission or commission. Liability issues involved in the malpractice action brought by Yolanda Pinnelas against Caring Memorial Hospital consisted of the permanent loss of function and deformity of her third, fourth and fifth fingers. These damages occurred following infiltration of vesicant Mitomycin that was administered intravenously in her hand. Two weeks after the infiltration, Yolanda had necrosis in her hand and this resulted in multiple surgical procedures and consequent permanent loss of function and deformity of her …show more content…

The defendant could argue that he or she did not owe a duty to the plaintiff, that there was no breach of duty, and that injury sustained by the plaintiff was not caused by the breach of duty. (Mello, Studdert, & Kachalia, 2014). Jeffrey Chambers, the assigned nurse, could argue that there was a shortage of staff and he had many other very sick patients he was caring for at the same time. He could also argue that he was working back to back and did not have enough rest before coming back to work. He could also state that he was assigned the responsibility of caring for Yolanda though he was not certified in administering

Open Document