In this present day and age, medical care is taken for granted and is losing its integrity as the boundaries between Doctor and Patient is becoming dimmer. With the rapid advancement in the science and medical field, there came hundreds of new machines and procedures that are being incorporated into new forms of efficient and safe treatments; however, with these new advancements, the patients would then need to be informed of the risks and benefits of the procedure before they are to undergo any type of treatment. Subsequently, this can cause the patient to feel uncomfortable with some of the procedures that the doctor may suggest due to the side effects and risks that were stated which would then limit the doctor on the type of care he/she …show more content…
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
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Learning from what Dr. Anna Pou had to face with the lawsuits she was dealing with makes me cringe. As Healthcare professionals, having to worry of possibly being sued for believing what is right for the patient or as a whole for the hospitals health is ridiculous. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Often time’s society look at courts cases as a battle versus two oppositions, but Dr. Pou’s case it is not. In her statements from national television she states saying her role was to ‘‘help’’ patients ‘‘through their pain,’’.
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.
According to the Hippocratic Oath, which every physician must take, each physician is expected to deliver the form of care which she considers most beneficial to a patient's health. There are a few minor stipulations guiding treatment by a physician, but for the most part, doctors have much liberty in choosing a regimen for a particular patient. If we look only at the Hippocratic Oath as the governing body of a physician's actions, then we must admit that no doctor is obligated to broaden his views and seed treatments with which he is not already familiar. However, every year doctors are required to fulfill certain requirements in continuing educatio...
A heavily debated notion driven from different perspectives has been the role of tort in medical negligence claims. If in both cases a doctor breaches his duty of care and the patient is worse off; what is the difference between 45% - 55% to stand in the way of recovering something the patient held as important and of value? Is it justified to declare one person a remedy and another not purely by their percentage points of recovery when medical uncertainty is a factor? Here, the answer is sought to whether there should be compensation for the loss of chance in medical negligence cases.
With this being said, it is important that the principle of informed consent becomes something that is extremely relevant to our society as a whole. As with medicine becoming more advanced everyday, patients should be explained by their physician exactly what kind of treatment will be happening to themselves as well as all of the possible outcomes associated with said treatment. This is important to discuss, as we currently live in a society in which everything is “Politically Correct”, meaning that is someone wasn’t told all of the available options that they had available to be treated with, or gave consent willing, could end up with lawsuits or worst case scenarios such as death. Regarding this, both patients and physicians have things at stake such as money, time, resources, and medical practices. So it is crucial that in this day and age that the principle of informed consent is practiced everywhere in order to ensure patient autonomy is
In tort law, a duty of care is a lawful commitment which is forced on an individual expecting adherence to a standard of sensible care while playing out any demonstrations that could predictably hurt others. It is the main component that must be built up to continue with an activity of carelessness. Hot drinks, for example, tea, hot chocolate, and coffee are regularly served at temperatures between 160 degrees Fahrenheit and 185 degrees Fahrenheit. Brief exposures to fluids in this temperature range can cause noteworthy burns to the skin. I personally say that McDonald's did not demonstrate a duty of care towards Stacy Liebeck. Liebeck's vehicle was stopped, she was adding sugar and cream to the coffee, and coffee that is served to clients should be sufficiently hot that it tastes great yet sufficiently cool that you can drink it when its passed out the window.
Effective communication is essential in making a correct diagnosis, developing rapport and trust and determining proper treatment and achieving best clinical outcomes for the patient.31 Good communication skills also can avoid any misunderstanding between medical staff, patients and family members. The medical staff in the case study should discuss about the patient’s condition and treatment plan with the patient’s family. It is important for health professional to share decision making with the patient and their family members so that they will feel more appreciated, and ensure their satisfaction towards health care facilities. In making clinical decision, it is fundamental to take consideration of different factors such as patient’s culture and backgrounds. Each decision-making should be based on ethical consideration and taking into account the four principles of medical ethics, which are autonomy, beneficence, non-maleficence, and justice. Yet, to integrate these 4 pillars in a decision-making is a complex proses that requires consideration of various aspects and
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
Policy of Health care organization should reflect these recommendations with written policy governing the length of time each consent is valid for and other variables. Especially, when there’s a change in patient condition. Changes in patient’s condition may reflect changes in medical directives. Requiring reassessment of patients' understanding of procedures and the associated risks. It is the role of the nurse to be the Patients advocate. Also, to verify that valid consent is on the chart. Failure to do so can yield legal implications. Since often perioperative nurse is required to confirm and document that valid consent is on the chart. It is and ethical obligation to all patients to be informed of procedures performed on their body. Although nurses are not legally able to receive consent. It’s still part of our responsibility to oversee that legal communication between the physician and patient occurs. In summary during this discussion, both the patient, doctor and sometimes POA are present. The Physician should explain the implicated risks and benefit of procedures. Also, review alternative to having a procedure performed. If the patient chooses to accept these risks, and thoroughly understands the significance of the procedure, only then should consent be
In the case of Griffin v. The Methodist Hospital, medical malpractice was brought before a court on grounds of negligence whereby treatment caused Achilles tendon contracture. The affidavits submitted failed to address care or treatment necessary to prevent the condition in addition to failure to provide when or how the patient’s condition was assessed. The hospital and nurses were liable to charges of
Medical malpractice is a specific subset of tort law that deals with professional negligence. “Tort” is the Norman word for “wrong,” and tort law is a body of law that creates and provides remedies for civil wrongs that are distinct from contractual duties or criminal wrongs. “Negligence” is generally defined as conduct that falls short of a standard; the most commonly used standard in tort law is that of a so-called “reasonable person.” The reasonable person standard is a legal fiction, created so the law can have a reference standard of reasoned conduct that a person in similar circumstances would do, or not do, in order to protect another person from a foreseeable risk of
Registered nurses or other medical practitioners often face situations that involve both legal and ethical implications. The decisions that follow these dilemmas are either valuable to the patients’ health or detrimental. For instance, a certain case study involving Mr. Markham, who is 82 years of age, showed that he has high blood pressure. At one particular time, while trying to get out of bed in the night, he fell. After being taken to hospital, it was noted that he sustained a right cerebrovascular accident (VA) with a resulting left hemiplegia and additionally complicated by an unexplained fever. Mr. Markham has insured with Medicare. Afterwards, he relocated to another facility
Before the Internet medical information of any kind was very difficult for the average person to find. Patients had to rely fully on the knowledge of their doctors to make the most accurate diagnosis, and find the most effective treatment plans to meet their overall health care needs. Medical information was once only available in medical textbooks, and journals that were not accessible to the general public. Now, however things have changed. With the Internet, the general public now have access to citations of more then 12 million medical articles online. Which has lead to many patients being an active part of their own medical treatment as well was their physician’s continuing education on new medical advances. The Internet has changed the kind of relationship that is experienced between Doctors and patients. Previously, patients would, for the most part, follow doctor’s orders blindly as they were the experts and therefore to be trusted. Now, however, patients consider themselves somewhat of an expert after a few Google searches. They enter into appointments; armed with information and want to be an active part of the decision making process with regards their treatment plans. The Internet has changed the way the health care system currently functions, patients have becomes more and more like clients, information has been made accessible to more people, and has created more support for patients and more way to become informed about medical options, and a much wider medical community both for physicians, as well as patients.
Ruggieri not only felt remorse for a former patient who passed when a co-worker was operating, but with that was sued by the family for an operation he didn’t perform. “As the lawsuit ran its course, I became angrier. I wanted answers to why and how everyone around me had become convert enablers of a surgeon who should not have been operating” (Ruggieri 81). Surgeons don't always succeed; It’s part of life. Mistakes are made in the O.R., and that is just what happened for Dr. Ruggieri. “ ‘What is this?’ ‘Kathy, a letter from any lawyer is never good news.’ I slowly opened it and started reading. You are hereby named as one of the defendants in the lawsuit brought by Mrs. Williams for gross negligence … I read on … contributing to a retained surgical sponge in her abdomen. I couldn't read any more” (Ruggieri 215). A perfect human being does not exist, therefore does Mrs. Williams have the right
The advances in modern medical science in the near future are dependent upon the advances of methods and procedures that by today’s standards are considered to be taboo and dangerous. These methods will not only revolutionize the field of medicine but they will be the forerunners to a whole knew way to treat people. For these advances to take place several key steps need to be taken both medically and politically. In this paper I will attempt to explain what methods and procedures will be the future of modern medicine, how these methods and procedures can benefit mankind, and finally what changes will be needed in the fields of medicine and politics.