Four Ways You May Have Been a Victim of Medical Malpractice There are many forms of malpractice that you may have been a victim of. Often people think of malpractice as a doctor doing something terribly wrong to a patient, but it is more complex than this. Sometimes a doctor can make an honest mistake. On the other hand, there are many people who work in the medical field that can be liable for malpractice, not just a doctor. Because the law can be difficult to understand, there are medical malpractice lawyers to assist those who have been injured. The following are a few situations that may apply to you or a loved one. A doctor prescribed the wrong treatment This happens all of the time, but you need to understand that by itself, it does no …show more content…
In all of these situations listed here, the doctor was negligent, and this forms the cornerstone of any malpractice lawsuit. Nursing staff is negligent with medication The nursing staff of a hospital is usually the people who deliver the medication to a patient, so obviously they can cause great harm to a person when they administer the wrong medication or the wrong dosage. Although there are safeguards in place at hospitals, patients are still harmed by medication. In some cases, the negligence can lead to death. Negligence with basic hygiene This can be a big issue with long-term hospital stays and is especially prevalent among elderly patients. It is not always the physical harm done to a patient that is the issue, but the dignity of the patient as well. When the nursing staff is not fulfilling their duties in this area, patients can suffer emotional distress. The humiliation that person can feel combined with physical harm is abusive and can constitute
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,
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 medical field, the workers are highly trained to be able to make a distinction between what is right and what is wrong. Elder abuse is becoming a serious issue in the health environment. As defined in the website, MedicineNet.com, elder abuse is: “the physical, sexual, or emotional abuse of an elderly person, usually one who is disabled or frail”. The older population consists of people over sixty-five years old. They are very fragile and sometimes they are forgotten or abused. The elderly can be victims of mistreatment in nursing homes, hospitals, or even in their own house. Nursing is the act of promoting health for others, and of providing care and security with the skills nurses have acquired. However, those who are nursing can also harm, or hurt people by advising them. Elder abuse can take many forms such as financial abuse, physical abuse, sexual abuse, and emotional abuse.
Furthermore, short staffing affects the quality direct care each patient receives. The National Coordinating Council for Medication Error Reporting and Prevention (2012) states an estimated 98,000 individuals die every year from medical errors in the United States. One out of many significant tasks nurses do within their scope of practice is medication administration. Research shows a relationship between short staffing on medication errors: the longer the hours nurses work, the higher the chances of medication errors (Garnett, 2008). (include definition of medication error) Administering medications requires knowledge of patient rights, pharmacological information on the drug, adverse effects, proper dosage calculations, and hospital protocols. When nurses are assigned more patients, they are pressured to give due medications on time. Sometimes due to hunger or fatigue, nurses give the wrong medication to the wrong patient (Frith, Anderson, Tseng, & Fong, 2012).
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:
Overall, malpractice cases in the United States are an underlying issue in the healthcare system. When regarding failed sterilization procedures, there is a high burden on both men and women that they must face. The McLaughlin V. Cooke case, Goforth v Porter Medical Associates Inc. case, and John McConkey v. State of Tennessee case all clearly depict how different negligent mistakes from healthcare professional can result in a serious injury towards patients. Legal medical malpractice lawsuits alleviate some of the damages caused, however not enough people seek help after encountering a malpractice case. It is crucial for people to be aware of their rights, so that these “little” mistakes are taken care of. Eventually, the less malpractice cases there are the better healthcare system there is here in the United States.
Malpractice is improper, illegal, or negligent professional activity or treatment, by a medical practitioner. Not a lot of people know what malpractice is or how it happens until it's too late and it's already happened to them. The number of medical malpractice suits filed each year in the United States tends to vary but the overall trend is that they are rising.
A heavily debated notion driven from different perspectives has been the role of tort in medical negligence claims. If in both cases a doctor breaches his duty of care and the patient is worse off; what is the difference between 45% - 55% to stand in the way of recovering something the patient held as important and of value? Is it justified to declare one person a remedy and another not purely by their percentage points of recovery when medical uncertainty is a factor? Here, the answer is sought to whether there should be compensation for the loss of chance in medical negligence cases.
Malpractice is failing to meet the standard of care listed in the APA Code of Ethics (Fisher,2017). Malpractice can cause injury to a client which is a direct violation of ethical code 3.04 Avoiding Harm. Examples of malpractice include abandonment of a client, failing to follow the medical model, and practicing techniques without the proper training (Caudill,n.d).
A tort is generally defined as a civil wrong which causes an injury. “Medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient” (Nordqvist). Meaning medical malpractice is a tort. The lack of media coverage on medical malpractice has made the public unaware of how stern this problem is becoming. It’s a serious issue that needs to be brought to light. Many lose loved ones because of a mistake caused by certain healthcare professionals. A wide variety of situations can lead to a medical malpractice claim. From failing to tell the patients the side effects of a prescribed medication to leaving
If medical professionals do not know what mistakes they are making, or how to fix them, the mistakes will continue. Nurses need to be aware of harmful medications and adverse effects that some medications have so that patients do not suffer from easily preventable side effects. There are many medications that look alike and sound alike so being conscious and knowing which medications cause confusion can reduce the chances of giving a patient the wrong medication. It is important to make sure the right patient is getting the right dose of the right medication, through the right route at the right time. If the above precautions are not followed precisely the patient could suffer from adverse effects and possible death. Not only is it important for healthcare providers to be educated on the safety of administering medications; patients too need to know the proper ways to administer medications once they are discharged from the hospital. It is important to note that education extends far beyond the classroom. Education can be as simple as informing another nurse of a common mistake they are unknowingly
A great deal of the inquiry undertaken to date in relation to adverse medication events has neglected the impact that nurses have or could have in improving patient safety. Medical errors are mistakes committed while offering treatment to patients. Even more alarming is the increased rate of never events such wrong surgery, procedure and medications. The ignorance of the public to the facts creates an even bigger risk since they cannot prevent the mistakes from happening without the knowledge needed. Strategies have been developed to reduce the numbers of errors as well as educate the public on the existence of the errors with the hope of reducing unnecessary deaths and
Most cases this part is easy to establish cause it’s by a doctor and patient’s relationships which most people have by the doctor already (Bal, 2009). Secondly, is breach of the duty of care in a medical negligence case, this is when the doctor has not followed the standard protocols when it came to the care of the patient, such as surgeries that were not perform properly, surgical tools left in patient, incorrect procedures done, misdiagnoses and etc. Third is causation as an element of medical negligence which they say is the easiest to analyze because you ask yourself simple questions pertaining to your doctors screw up and if it’s a simple no you can prove causation. Lastly, is Damages as an element of medical negligence which where you must prove that the doctor has caused significant harm to you physically, mentally, and financially while compromising the protocols and standards that are supposed to be followed as well. If, all these four elements can be proven, then you have a case to go forward with and 9 times out of a 10 a settlement as well (Matzo,
Many medical malpractice suits would always point out negligence of a physician exhibited during the course of treatment which led to a damage. However, not only the physicians are held liable on these particular situations but also the institution the physician has practiced. It has always been a part of a medical malpractice case to question if a certain institution that a physician works at should be also liable of the damages made. Most of the time, in order to prove that hospitals are also accountable, Doctrine of Apparent Authority is applied.
In the case of Maternity Hospital & Anr. v. Santosh & Anr , National Commmission observed that in case of medical negligence, the liability of a doctor arises not when the patient has suffered any injury, but when the injury has resulted due to the conduct of the doctor, which has fallen below that of reasonable care.