Malpractice is improper, illegal, or negligent professional activity or treatment, by a medical practitioner. Not a lot of people know what malpractice is or how it happens until it's too late and it's already happened to them. The number of medical malpractice suits filed each year in the United States tends to vary but the overall trend is that they are rising.
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
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:
For hundreds of years doctors and other medical professionals have gotten away with little to no punishment when doing wrong in the medical field. Medical Malpractice happens in the care of the reckless medical professional and can be stopped by the correct supervision and discipline. Although medical malpractice is something huge, it could be eliminated by just taking a little extra time and review the care that is being given to a patient. Would you allow someone to give the care you’re giving to others, to your own family? You need the bed, so you discharge early. Patients aren’t properly informed. Legal documents aren’t thoroughly explained. Shortage of staff, hospital downsizing, or mergers. (“Nursing Center”) The only thing that the medical team should be worried about it the care of all of the patients. The medical field would become more advanced if the actual medicine was practiced the right way. Lives are being compromised everyday with incompetent doctors, practicing medicine. Medical Malpractice can be solved with the buckling down of the medical professionals, and the administration that watch over these professionals. Medicine is a complicated field, where lives, money, and careers are put on the line for such an important matter. Together, we can lessen, even eliminate Medical Malpractice all
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
It is unfortunate to say that medical malpractice is one of the leading causes of death in the United States. Medical malpractice is defined as negligence committed by a medical professional. Malpractice lawsuits have existed in the United States for more than 150 years, most of which were never pursued in court. Medical malpractice is interfering with patients’ rights as well as demanding high costs. However, medical malpractice can be overcome by managing the costs involved, and by regulating, enforcing and advocating patient rights.
Malpractice is failing to meet the standard of care listed in the APA Code of Ethics (Fisher,2017). Malpractice can cause injury to a client which is direct violation of ethical code 3.04 Avoiding Harm. Examples of malpractice include abandonment of a client, failing to follow the medical model, and practicing techniques without the proper training (Caudill,n.d).
The term "medical negligence" is often used synonymously with "medical malpractice," and for most purposes that's adequate. Strictly speaking though, medical negligence is only one required legal element of a meritorious (legally valid) medical malpractice claim.
A tort is generally defined as a civil wrong which causes an injury. “Medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient” (Nordqvist). Meaning medical malpractice is a tort. The lack of media coverage on medical malpractice has made the public unaware of how stern this problem is becoming. It’s a serious issue that needs to be brought to light. Many lose loved ones because of a mistake caused by certain healthcare professionals. A wide variety of situations can lead to a medical malpractice claim. From failing to tell the patients the side effects of a prescribed medication to leaving
"Doctor, doctor, my body hurts wherever I touch it!” A young brunette exclaims. “Show me,” says the physician. The girl proceeds to poke multiple areas of her body and scream every time she does so. “Hmm,” the doctor remarks, “I think I ought to send you off to a specialist.” Wait a minute, that’s not how the joke goes, is it? Isn’t he supposed to say she’s a blonde with a broken finger? Well, in the future, the joke just might go like that. Lately, Americans and their physicians have been at odds. Citizens are focused on getting the treatment they deserve, while physicians are doing their best to provide it. Unfortunately, many people feel as though they have been shorted or neglected. The result? Medical malpractice litigations one after
Today, there are so many legal dilemmas dominating trial for the courts to make a sound legal decision on whose right in a complicated situation. Despite the outcome of the case, the disagreement usually has a profound effect on the healthcare organization, and the industry as a whole. Many cases are arguments centered around if the issue is a legal or moral principle. Regardless what the situation maybe, the final decision is left to the courts to differentiate between the legality issues at hand opposed to justifying a case based on moral rules. According to Pozgar (2012), an ethical dilemma arises in situations where a choice must be made between unpleasant alternative. It can occur whenever a choice involves giving up something good and suffering something bad, no matter what course of action is taken (p. 367). In this paper, I will discuss cases that arose in the healthcare industry that have been tried and brought to justice by the United States court system.
Jack’s case is an example of medical negligence. The physician that prescribed the prescription should have done a full physical and medical exam on the patient. Jack’s physician failed to ask if he was allergic to any medication. Before prescribing any medication one of the first questions should be what or if they are allergic to anything. Jack faced several health complications such as difficult breathing, turning red, and falling to the floor. He went into anaphylactic shock due to the fatal allergic reaction. The last encounter with Sulfa, Jack developed a rash due to the allergic reaction. Health professionals are required to undergo training
For example, a case that involves a vascular surgeon, Dr. V, who owns his own practice, was sued for malpractice because the patient had signed the consent form allowing only an angiography, which is a visualization of the patient’s blood vessels pertaining to veins, arteries, and etc., but the surgeon performed an extra procedure, that was approved of by the family’s physician during the screening, due to an irregular lesion that could potentially burst and be detrimental to the patient’s health if it wasn’t attended to immediately. The result of the procedure was successful, but as complications began to occur on the patient’s foot, it would later need to be amputated and resulted in a lawsuit from the family against Dr. V. However, the consent form that the patient had initially signed contained a catchall clause, which states, “I also consent to and authorize the performance of such additional procedures as [my physician] deems necessary and appropriate”(Starr, David), and serves as the surgeon’s safeguard from any legal suits in the case of emergency procedures that were deemed necessary during the period of the initial procedure. Nonetheless, the case ended in favor of the patient’s family, based on the idea that the jury believed Dr. V did not need to perform the procedure at the time. This case is one of many examples of where the good intentions of a health-care professional are being punished because of legal issues and unknown health complications. The consent form was the main issue in this case, as the conditions were not clear to both sides of the party of what was appropriate and what was
In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate cause of the client's damages; and (5) actual loss or damage resulting from the negligence.” Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004).
“The real costs of medical malpractice have little to do with litigation but the lost lives, extra medical expenses, time out of work, and pain and suffering of tens of thousands of people every year” (Baker 1). The effects of malpractice in the health care field are a major issue in today’s society. Working on a more profitable and safe way to ensure the prevention of malpractice is what should be worked on to promote a safe and comfortable environment for the people. There are many errors that malpractice portrays in the healthcare field such handling medical situations: informed consent, foreign objects, and operating on the wrong body part. Also with these mistakes come major lawsuits against the healthcare system and liability on the doctors become crueler. Many of the doctors are leaving and that remain practice in fear and silence. Making sure that the healthcare professionals are fit to do the job is what needs to be accomplished in order to have a structure and effective healthcare system.