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Subtopics of medical malpractice
Medical Malpractice and Tort Reform
Subtopics of medical malpractice
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Malpractice, negligence, and injustice are words that hold great meaning in today’s healthcare system. More than likely, these are the words my mother wishes that she could have uttered during her time of inattentive care. My mother underwent countless rounds of chemotherapy when she was pregnant with me because of a very rare cancer called Burkett’s Lymphoma. This caused for her to birth me at only six months of gestation. The doctor told her that she would have to choose between my life and hers. Like any mother that loves her child, she chose to let me live because she felt as though she had lived her life. Why would a mother ever have to make this decision when preventive measures could have been taken? How is it that a licensed obstetrician-gynecologist (ob/gyn) can continue to practice medicine when they are not effectively taking care of their patients? Whether it’s one or one hundred, every patient deserves the best care from any healthcare professional! My mother’s ob/gyn discovered that my mother had the admonition of cancer when she was …show more content…
However, I do not want to do this at just any campus, but I want to accomplish this dream in a program whose staff puts the students’ needs before theirs. Anytime I have questions regarding documentation, I know that I can always depend on the University of Houston-Clear Lake staff to assist me with anything. Furthermore, when I conducted my research on different MHA programs, I desired to find a program near home and one that could provide me with countless possibilities. The MHA program at UHCL met both of those stipulations. The best thing for me was that UHCL’s MHA program offers classes in the largest medical center in the world. What better way to network, than to have classes in the Texas Medical Center, where I would have the opportunity to meet with professionals who were once in my
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.
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
At first, I believed that a patient should have the say so and get what they demand. I didn’t feel sympathetic for the health care provider one bit. I was able to look through the eyes of a physician and see the trials that they have to go through. It is not easy making the decisions that they have to make. There job is based on decisions, and most of it is the patient’s. “There will certainly be times when I will be faced with a request from a patient or patient’s representative that I will personally find morally difficult, but one that is still legally and ethically acceptable. must be very difficult to work in an area with little control over what you want to do.” (Bradley 1). Even though I do not fully understand a health care providers everyday role, I do know that they are faced with painful options. I personally feel that I can not work in this field for that exact reason. Health care providers play an extremely important role in our society, and others need to look upon
Denise Dudzinski, PhD, MTS, Helene Starks, PhD, MPH, Nicole White, MD, MA (2009) ETHICS IN MEDICINE. Retrieved from: http://depts.washington.edu/bioethx/topics/pad.html
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
Ashley Bassel argues because the courts decided that futility issues are not to believe resolved in court there is a bioethical issue of who is able to make the decision to resolve this dispute. 90% of hospital has a full ethics committee or small team that supposed to perform an ethics consultation. According to the AMA the function of the committee should help to resolve unusual and complicated ethical problems that affect the care and treatment of patients. However whatever the ethic committees says are recommendations not obligations for the institution. However there are many scenarios where these ethics board are unable to solve the tricky problem of upholding the patient or guardian right to make medical decisions as well as the physician’s right to refuse treatment. As well as the case making sure that conflicts on interest to not impede on any ability to make the proper call on a patient health.
This procedure would have been of no benefit to the patient so the principle beneficence was not followed. The new doctor at the practice brought to the other doctors’ attention that this procedure was outrageous and would be of no good to the patient or the family. After consideration the other doctors realized they were too emotionally attached to deny the patient of her wish, so they needed to tell her the procedure was canceled. And this is where paternalism comes into play. Paternalism is when a doctor has to put a foot down when a patient is demanding a procedure that is more harmful to them than good (the patient just can’t see it). Doctors are always in the best interest for the patient expect for when paternalism is involved. Sometimes even though a patient is proven mentally competent a doctor has to do what they feel is the right thing to do for the patient even if is overruling the patients decisions. A way to of having benefited the cancer patients of having a baby possibly could have been just taking her to visit some babies to get the feel of what it could be like to be a mothers not actually giving her one of her own to be raised without a mother. Nonmaleficence is a principle that assures a procedure or decision is doing no harm to the
Medical ethics could be so many different thing mostly bad.There's so many stories about medical ethics this this story about this girl. At the age of 13 she was diagnosed with a rare and fated type of cancer.The survived and was cleaned that didn't have cancer. Then 10 years later she fought for her life again, she had sergey. After the Surgery there was no where no sign of the cancer. There years later she married and she became pregnant because of her health history she went to a clinic so they could watch her pregnancy.She had to go back to the clinic for having a lung tumor. She want to be in the best health, surgery was not an option. Her baby was too small to be born yet ,” meaning too premature.” (Thornton )She wanted to keep treating her cancer but, the doctors said that should wait until 28 weeks.She waited and the doctors she it was too dangerous and they wouldn’t help.So they want to cort.The court made it distion and at time is was very ill. The court order a surguy but the doctor said that if she goes into surgery she might not make it. She refused, but the doctors could not refused the courts orders. She was rolled into the surgery room. she made it into through the surgery, but two days later she died. She ...
The world of healthcare has changed drastically since the 1950’s. Reflecting upon how Mrs. Henrietta’s cervical cancer was treated it is apparent that treatment options for patients have came a very long way. However, it is not just the treatment of disease and cancer that have changed. Over the past few decades there has been a massive shift toward a more patient centered system. It was almost hard to fathom some of the examples of tests and treatments that were done with little to no communication with patients. Today every T must be crossed and I dotted when it comes to ensuring a patient’s understanding and willingness to undergo any treatment or test. Patient’s perceptions of physicians and others in the healthcare field have drastically changed as well. My grandparents for example take
As human beings, we are inundated throughout our lives with ethical dilemmas. While these difficult choices are challenging, those dilemmas associated with medical choices can be extremely problematic. Families and medical professionals must decide the fates of people every day. A medical scenario involving an elderly woman named Jamilah Shah will be referenced throughout the work. This essay will dissect the ethical principles of autonomy, beneficence, and justice, and how they help or complicate medical decision making.
"Of all the forms of inequality, injustice in healthcare is the most shocking and inhumane." This quote by Dr. Martin Luther King, Jr., a social justice hero, exemplifies the significance in addressing medical injustice. Healthcare injustice can come in several different forms, most notably intentional misdiagnoses. This injustice, although normally neglected, is extremely cruel and indubitably effective. The race is on as the government and the World Health Organization fight to combat this issue. When individuals choose the medical career out of monetary greed, their patients are seen as secondary priorities. This greed paired with significant scientific data restricting the actions of health professionals, can lead unjust treatment
Ethics in the healthcare industry have been around for several years and many people are probably familiar with the Hippocrates Oath that providers must adhere. In addition, to the Hippocrates Oath there are four major medical ethic principles, which consist of beneficence, nonmaleficence, autonomy, and justice (Bodenheimer & Grumbach, 2012). The purpose of this paper is to reflect on ethical issues in the healthcare setting.
Consequentially challenges made to Health Care policy, shifts the responsibility of Health Care reform over to the Courts, where two types of litigation are prominent: matters pertaining to financing and the deliverance of services; and challenges to the scope of coverage offered through current Health Care policies. The latter tends to originate from individual challenges, wherein 33 cases to date (2006) were brought up by patients. These 33 cases share a low success rate of 33 percent, in contrast to the fewer but much more successful rate of challenges made by medical professionals. I believe the reason for this disproportionality is because the Courts tend to tread lightly in the realm of politics, as to make sure justice is served in a way that does not disrupt the established political equilibrium. Furthermore, because of this looming pressure to make the right decisions, the courts need to be able to justify their decisions to potential challengers. Wherein, for the most part the cases made by medical professionals such as Doctor’s enjoy much more professional merit than the cases made by patients. However, this is not to say that challenges from patients cannot be compelling to the Courts, as we will see in the case of Eldridge v. British Columbia (Attorney General)
Stirrat et al . (2010) Medical Ethics and Law for the doctors of Tomorrow: The 1998 Consensus Statement updated, Journal of Medical Ethics, 36(1), pp. 56-60
“Is There Personal Responsibility In Healthcare?” Medical Malprocess. 4 March, 2009. Web.19 April, 2014. < http://thesystemmd.com/?p=230 >