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. Introduction Medical malpractice has been a controversial issue in the healthcare setting for centuries. Apparently, there are laws to protect patients’ from medical mistakes and errors that are the result of negligence. After researching various laws and medical liability cases based on allegations of negligence, this paper will discuss and provide details on the medical malpractice case of Dorrence Kenneth versus Charleston Community Memorial Hospital. The case analysis will briefly explain information from the beginning to end, including: laws that were violated, codes in the healthcare industry that were breached by the physician and Charlesto... ... middle of paper ... ...ulations in the U.S. judicial system is “most define the law as a system of principles and processes by which people in a society deal with disputes and problems, seeking to solve or settle them without resorting to force” (p. 15). Some situations cannot be rectified in a board meeting. However, negligence is in the category of objectives of tort law, it is also the most popular lawsuit pursued by patients against medical professionals against doctors and healthcare organizations (Bal, 2009). Objectives of Tort Law Works Cited Bal, S. (2008). An Introduction to Medical Malpractice in the United States. Clinical Orthopaedics and related research, 467(2), 339–347.doi: 10.1007/s11999-008-0636-2 Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/ Pozgar, G. (2012). Legal Aspects of Health Care Administration. Sudbury, MA: Jones & Bartlett Learning.
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….
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
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...
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
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...
Rooted in the intentions of weeding out dangerous practitioners, the blooms of the litigations created a toxic environment for physicians. The causes behind medical malpractice are justified, but the application needs work. Lawsuits inadvertently raise physicians’ liability insurance premiums, which financially and emotionally stresses them, who in turn leave an area and its residents. The effects of the lawsuits are felt by both doctors and patients. This is not to say that many physicians do not flourish in the healthcare system — they do. Hopefully, the effects of medical malpractice lawsuits can transform the toxic environment into one that facilitates growth and prosperity for
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...
Today, the medical industry has been transformed. Doctors must live by a different code of ethics other than their oath. Legal fear has put the doctor-patient relationship in jeopardy. Today, physicians view patients as potential malpractice litigants. Therefore, doctors order unnecessary costly tests or avoid treating patients to insure safety from lawsuits. In Chicago, emergency room personnel refused to care for a boy who was shot, and had collapsed thirty feet outside the hospital door, because their legal duties were only to those inside. Because of the fear of lawsuits, the young boy was denied the opportunity to live. Not only are doctor-patient relationships affected, teachers and students are learning under precise laws.
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.
Parrish, J. (2010). Elements of negligence in nursing malpractice. Independent Medical Evaluations Inc. 12 Mar 2014. Retrieved from http://www.imei.com/connections/elements.html
Medical professionals have numerous motives behind malpractice, and there is little logic to it. It is simply insane how a doctor’s sole job is to help the unhealthy, but some doctors take advantage of that privilege. Patients trust doctors, to break such trust, is the ultimate betrayal.