Medical Malpractice According to NCBI, 44,000 to 98,000 patients die each year due to medical malpractice. The USA needs to decrease this number because it is the third leading cause of death. Three changes that can be made to reduce the amount of medical mistakes include bringing in a second party witness, shortening the lengths of shifts, and trying to prevent barriers between experienced and new doctors. Bringing in a second opinion is likely to catch misdiagnoses or errors in the medical field. Humans are prone to making mistakes, so a second party's opinion may help reduce the amount of mistakes that can dangerously affect a patient. For example, a patient diagnosed with asthma may actually have
Explain the issue or dilemma using information from the readings in the book and other sources.
A police officer, Colin Allcars (Allcars), is suing Harry’s Ammo World (HAW) for his medical expenses, personal injuries, pain and suffering. HAW sold a rifle to Dakota D. West without checking West’s background for felonies or drug use. Federal law prevents the sale of firearms to anyone with a felony or to anyone that uses illegal drugs. Dakota had been convicted of a felony and was also a user of marijuana. Two months after the sale Dakota’s brother took the rifle and took hostages. When the police were trying to subdue and arrest Dakota’s brother he shot and wounded Colin AllCars. Allcars is suing HAW on the grounds of negligence.
There are defenses against negligence lawsuits for sports medicine professionals. The first of which is assumption of risk, where the athlete voluntarily and knowingly assumes the risk of an activity through an expressed or implied agreement. This can be done by having a form signed during pre-season paperwork. This does not forgive a clinician of reckless conduct, however. Assumption of risk is for the usual risks, and the athlete by singing assumes responsibility for injury that occurs as a result of the inherent dangers of sport. It is crucial that athletes be informed that risk for injury exists and understand the nature of that risk. Another defense is an act of God, which are events that are outside of human control. This includes natural disasters, weather, and other environmental concerns in which no one can be held responsible. If the incident was not foreseeable, this is another defense a clinician could use against a negligence lawsuit. Foreseeability is based upon whether the clinician at fault could have realistically anticipated the consequences that would result because of their conduct. In order for the clinician to be held liable, the harm must foreseeably arise from the negligent act. Good Samaritan laws provide limited security against legal liability should an accident arise while providing care during an emergency, in good faith, without expected compensation, and without misconduct or gross negligence. This usually does not apply to someone providing care during regular employment. It was created for situations in which a volunteer comes to the aid of an injured person during an emergency in order to reduce bystanders ' hesitation to assist because of the fear of a lawsuit. The individual providing care must ...
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
This scenario deals with an appeal by a estate administrator who sue a nursing home for "negligence, sexual assault and battery" due to failure of nursing personnel to protect their love one, but the nursing home is protected under the Medical Malpractice Act. Code §§ 8.01-581.1 through -581.20:1 (the Act)."
Yes, there was a proximate cause. The patient required medical treatment to an emergency condition but was left untreated. The medical staff at Martin Luther King Jr – Harbor Hospital were negligent for refusing to deliver any sort of care or medication to the suffering patient. It was later acknowledged that if the patient were treated in time, she would have survived. This undoubtedly demonstrates that there is a legal and proximate cause of the anguish and injury that the woman endured.
Actuaries are recognized for using mathematics in certain ways to estimate the financial obligations of a company. These approximations directly affect the company’s financial situation and outlook for the year. As any other professional occupation, standards must be followed to ensure the validity of the work being done. Risks of malpractice may arise if actuarial principles are not followed carefully. Actuarial malpractice has become a rising concern in holding actuaries liable for their work, where in previous years it was unheard of.
One article stated that over the year’s specialty areas will concentrate on areas that are more cost-effective. These areas would consist of cancer, heart and neuroscience, cogitating the aging of the baby boomers. Care for cardiovascular patients will always be continual because people are still eating fried foods. Oncology services are rising due to patients being diagnosed with cancer. Our communities are seeing an increase of aging within the population and organizations are not set up for this ‘tsunami’ of patients. The service lines that will remain to be widespread are connected to the aging population—cardiovascular, arthritis, and sports injuries, as the baby boomers stay active longer. “The increasing scope of the continuum of care,
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Understanding standard of care and its role it can play in medical malpractice can be complicated. Health care providers and professionals are constantly at risk of their reputations by providing the care that needs to be upheld in the health care profession. Standard of care is considered a legal term in which medical or health care professionals must up hold to patients. The law has set certain medical standards that are recognized and considered to be acceptable for medical treatment. These standards are known as the standard of care. The standard of care in health care is the nature of care from health care providers and professionals provided to patients that meet a level of care (ABPLA, 2017). Health care providers and professionals are