Part B What is Medical Negligence? A hospital, doctor, nurse or other health care professional is expected to provide a certain standard of care. A medical malpractice to be considered, a number of factors must be involved. 1.) Failure to provide a proper standard care – The law requires that health care professionals adhere to certain standards, or potentially face an accusation of negligence. 2.) An injury results from negligence – If a patient feels the provider was negligent, but no harm or injury occurs, there can be no claim. The patient must prove that negligence caused injury or harm, and that, without the negligence, it would not have happened. 3.) The injury must have damaging consequences – The patient must show that the injury or harm caused by the medical negligence resulted in …show more content…
“The Injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. This includes doing nothing when they should have done something. This may be considered an act of omission or a negligence.” Dissatisfaction with the outcome of treatment does not imply malpractice. It is only malpractice when there is negligence and injury and negligence causes the harm or injury. Therefor Medical negligence or medical malpractice defined as when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes harm, injury, or death to a patient. Types of Error and Malpractice a) Misdiagnosis or failure to diagnose b) Unnecessary or incorrect surgery c) Premature
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
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.
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,
Before there can be a nursing malpractice case, the plaintiff must prove certain legal elements. These elements include: 1) duty of care: the defendant nurse had a duty of care toward the plaintiff; 2) breached of duty: that the defendant breached that duty, usually by acting negligently or carelessly; 3) causation: that the injury would not have happened if the
These days, a person has to have substantial prove to show that medical negligence has taken place. By negligence it can mean hygienic problems in the hospital leading to death, mistaking with medicines, surgery issues. All of it comes under medical negligence where the hospital has to answer the patient’s family. The failure to meet the care of the patient, failure to take precautions in severe levels will be punishable. A slight negligence is not punishable in every country, but negligence leading to severe damage or even death leads to criminal
Negligence refers to a conduct which falls below the standard established by law for the protection of others (Rest 2d Torts, &282). The law states that everyone is responsible, not only for the result of his/her willful acts, but also for an injury occasioned to another by his/her want of ordinary care or skill in the management of his/her property or person, except so far as the latter has, willfully or by want of ordinary care, brought that injury upon himself/herself (1714, subdivision (a)). In determining the negligence, we must determine the existence of a duty of care which is the threshold element of a cause of action. It refers to what two or more parties agreed on, failure to which can be termed as negligent act.
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.
A medical practictioner or doctor is accountable if his conduct has failed to meet the standard of care. Certain negligence includes as follow- A doctor or nurse’ failure to provide appropriate treatment for a medical condition Prescribing the wrong medicine Failure to diagnose
• Negligence is a failure to exercise the appropriate and or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Types of Negligence 1. Gross Negligence: - In these cases the negligence was so careless it showed a complete lack of concern for the safety of others.
For example, administration of the wrong dose of medication due to the calculation error, which leads to cardiac dysrhythmias and death. Catalano (2015, p.186) determine three requirements that distinguish intentional torts from malpractice and negligence: 1. The nurse must intend to bring about the consequences of the act, 2. The nurse's act must be intended to interfere with the client or the client's property, and 3. The act must be substantial factor in bringing about the injury or
To succeed in a negligence action, you must prove each of the following. The first element, did George owe the plaintiff a legal duty of care? Legal duty of care paradigm includes that a person acts towards others with attention, prudence, and caution. George owed a duty of care to people by leaving his car in park.
Negligence means ignorance or failure of one to fully comply and perform his role which eventually causes losses to one another. This loss may include economic loss, property damage, personal or psychiatric injury. In order to success in a negligence claim, the claimant is required to prove three key elements – duty of care, breach of duty of care, and damages (Corporation n.d.). Duty of care can be defined as the relationships recognized by law where one has the legal duty of taking care another. Failure in doing so could result in that the defendant is liable of paying damages towards the party at loss as a result of breach of duty of care (Negligence - duty of care n.d.).