Introduction: 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. Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014). 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... ... middle of paper ... ...012). Health Economics. Upper Saddle River, NJ. Pearson. Schwartz, J. C. (2013). Learning from litigation. New York Times. Retrieved from http://www.nytimes.com/2013/05/17/opinion/how-health-care-is-learning-from- lawsuits.html?action=click&module=Search®ion=searchResults%230&version=&url =http%3A%2F%2Fquery.nytimes.com%2Fsearch%2Fsitesearch%2F%23%2Fmedical% 2520malpractice%2520cases&_r=0 Seidman, Margulis & Fairman. (2014). Informed consent in cases of medical malpractice. Retrieved from http://www.seidmanlaw.net/Catastrophic-Injuries_PC/Informed-Consent- in-3-Catastrophic-Injuries_PC.shtml Sullivan, Papain, Block, McGrath & Cannavo P.C. (2014). Medical Malpractice: Failure to Diagnose Cancer. Retrieved from http://www.triallaw1.com/Results/Medical- Malpractice-Claim-Cases-Settlements-and-Verdicts/Medical-Malpractice-Failure-to- Diagnose-Cancer.shtml
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….
That is the rising number of negligent acts committed by medical professionals. Failure to follow standard of practice is the leading root cause of the troubles involving malpractice. Failure to assess and monitor the patient, failure to communicate, medication errors, negligent delegation or supervision and failure to obtain informed consent from patients are the top failures leading to malpractice. The American Nurses Association provides scopes and standards that if followed could prevent many of the negligent acts. Duty, Breach of Duty, Foreseeability, Causation, Injury, Damages must be proven for a nurse to be held
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.
What is malpractice? The given definition is improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official. These cases are occurring more all over the state than they should be due to human era. The people at the hands of doctors are being let down as well as left with disfiguration or even death. These cases are leaving people to question their surgeons as well as the nurses attending with them.
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,
Day by day medical technology is improving, unfortunately so are cases of nursing malpractice. By understanding the laws that governs nursing practice, it will help the nurse protect client’s rights and reduce the risk of nursing liability (Sommer, 2013, p. 23). It’s usually necessary to prove that the nurse was negligent to prove nursing malpractice. The Joint Commission defines negligence as a “failure to use such care as a reasonably prudent and careful person would under similar circumstances” and malpractice as “improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position. Sommer defines professional negligence as the failure of a person who has a professional training to act in a reasonable and prudent manner (p. 24).
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
The act of medical responsibility originated in Rome and England dating back to the time of 2030 BC. The act states that a learned professional should always care with responsibility and care toward their profession. Around the year of 1200 AD, Roman law considered medical malpractice to be wrong and expanded their views about it all throughout Europe. It was said by the Code of Hammibal that if a person commits malpractice knowingly or unknowingly they would lose their job, hand, and an eye. Malpractice had also occurred throughout the U.S around the 19th century, due to the negligence of the state’s governments. Medical malpractice litigation has since been sustained for a century and a half by an interacting combination of 6 principal factors.” “Three of these factors are medical: the innovative pressures on American medicine, the spread of uniform standards, and the advent of medical malpractice liability insurance.” “Three are legal factors: contingent fees, citizen juries, and the nature of tort pleading in the United State.” (Mohr). The U.S is very familiar with malpractice b...
When a driver runs a red light and no accident occurs, the driver is still negligent, even though no one got hurt. Similarly, a doctor or other health care professional might deviate from the appropriate medical standard of care in treating a patient, but if the patient is not harmed and their health is not impacted, that negligence won’t lead to a medical malpractice case.
Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the costs of health care by reducing the risk of civil litigation and exposure to fraudulent claims (“What”). However, the real factor at hand and the real cause of the industry’s high costs does not come solely from the cost incurred from these lawsuits, but from over-expenditures on the part of doctors, who over-test and over-analyze so as to safeguard themselves from the threat of malpractice lawsuits. Thus, large public support exists for tort reform. While the proposed legislation enacted through tort reform could cut the costs of health care and positively transform the industry, it is ultimately unconstitutional and could not withstand judicial scrutiny.
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:
A proper way to define defensive medicine is the action of a physician recommending a diagnostic test or treatment that is not necessarily the best option for the patient, but instead an option that may potentially prevent the physician from being sued for medical malpractice (Tuers, 2013). This type of treatment has began as early as the 1800s but not until the 1960’s was it seen as an issue. It wasn’t until that time period that defensive medicine was recognized as an issue. Before then, physicians were self employed and their motives were rarely questioned by patients (Tuers 2013). Surprisingly, the United States is the only major country that holds the physicians personally and financially liable for their own medical errors. This could be one of the main reasons for the prevalence of this malpractice. Defensive medicine as an unlawful act all began with the increasing number of medical malpractice lawsuits. Medical malpractice is similar to defensive medicine in the sense that it is the combination of...
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.
“These include a failure or delay in diagnosing a patient’s condition, misreading X-rays, prescribing the wrong pharmaceuticals, failing to warn a patient of the risks or side effects of a procedure, performing services without the patient’s informed consent, and making a mistake during surgery or childbirth” (Medical Malpractice Law, n.d.). These are legal requirements that are needed to accuse healthcare provider of medical malpractice.
“Nursing Accidents Unleash Silent Killers”, according to the article titled “A Wake-up Call” (Marilyn S. Fetter 2011). Mistakes or errors implemented by nurses nationwide not only kill but injure thousands. This perception of practicing nurses continuously causing errors and mistakes can be changed and something can be done about it. Although, rare cases of nursing malpractice are still on the rise. Malpractice is a serious case in which can be avoided completely by a skilled nurse who in which follows standards and safety precautions to accurately and correctly care for each and every patient. The nurse’s role in healthcare continues to expand throughout the years. For example, with the new Healthcare Reform Act taking affect the roles of the health care nurse expands even more increasing the demands placed on them for the care and treatment of every patient. This has also lead to an expansion of legal liability for malpractice. The nurse upholds a close and professional relationship with the patient and has the best advantage to impact the patient. The nurse holds the utmost responsibility in continuing to be well informed about malpractice, as well as how to avoid a malpractice case or negligence by presenting outstanding patient care; in addition to malpractice insurance to protect yourself from an undesirable outcome.