There are many unnecessary lawsuits in the health care industry. There are many areas to focus on that can be used to distinguish between appropriate and unnecessary lawsuits. However, the two areas to focus on are whether the patient is compliance to care and abuse. Patient that is not compliance with their care should not qualify to sue any health worker. When they file for a lawsuit it is unnecessary. However, they should be heard and should be given an explanation because there are some people that are unaware of certain situation. In the article by the American Medical Association, they explain that “A separate review of 2,466 claims between 2007 and 2011 by The Doctors Company found that 36% of patient injuries resulted from patient factors such as noncompliance with follow-up calls and not adhering to treatment regimens” (para. 8). Patient cause their own casualty and yet healthcare workers had to pay for it. Furthermore, in the same article by the American Medical Association, Dr Davenport saw a patient that had chest pain and suggest that he has surgery. The patient wanted to do the surgery at a later time, in return, the patient went home and had a myocardial …show more content…
The doctor did his part to me; the patient was seen, but delays his treatment. Furthermore, if the Doctor explains to the patient about the seriousness of his condition he would had still delay his surgery. My next point would be abuse, If the incident occurs and can be proven, then I agree with the right to sue. Evidences like bruises, witnesses or x-ray result can be use so lawsuit in this case will be unnecessary. No one should be abuse in healthcare, because the patient relies on the healthcare worker for their
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,’’.
Proximate Cause: The shoulder and rotator cuff injuries were within the scope of the risks that made us determine that the dropping of Vicky’s body was a breach. Because Dwayne dropped Vicky, Dwayne’s dropping of Vicky’s body proximately caused the injuries sustained. Felix’s carrying of the body was a cause in fact but not the proximate cause of the injuries Vicky
Based on them, we can definitely eliminate options (c) and (d). Option (c) is against the principle of veracity and informed consent because the doctor was lying and hiding the information about the patient’s health that the patient was supposed to know. Option (d) is morally incorrect because the patient is lied to and the surgeon is not penalized. Option (b) does abide by the principle of veracity, but is against rationality because it sets negative example for the community that the doctors can be forgiven for their mistakes. Moreover, it does not abide by stewardship because the surgeon is taking advantage of being a doctor to conceal the truth. Consequently, the morally correct decision would be the option (a) because it abides by the principles of veracity and informed consent as the responsibility of disclosing the truth to the patient is fulfilled. Moreover, considering the rationality and stewardship, it will set an example for all the doctors that incomplete disclosure of information to the patient is unacceptable and the doctors should not take advantage of their importance in the
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...
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
The primary concern for Mr. Miller would be preventing further ischemia and necrosis of the myocardial tissues, preventing serious complications such as cardiac dysrhythmias and heart failure, as well as relieving his chest pain that radiates to his left arm. Preventing further ischemia and necrosis of the myocardial tissue will help prevent the development of heart failure due to myocardial infarction, whereas relieving his pain will help reduce his episodes of shortness of breath, and will also help to reduce any anxiety and restlessness he may be having from being in pain and short of breath.
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….
Frivolous Lawsuits As children our parents tried to instill in all of us good moral judgment and common sense. However, if I was to open the newspaper I would surely find any number of articles on the latest frivolous lawsuit, these being even more outrageous than the ones in yesterday’s paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game?
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.
After this incident I spoke to my team leader and we both agreed I needed to report this situation to higher management. I documented the occurrence under the Incident Report file and filled out an online incident report for the doctor due to his unacceptable behavior, unsafe practices and professional misconduct. Within one week, our department’s management contacted me, the team leader, and the resident doctor that was involved. They spoke to all of us about how to avoid scenarios like this in the future, they recommended that we look at each other’s role on the health care team as equal not above or below one another, and that we share power and control in our patient’s plan of care. They also reiterated that if any order or intervention is unclear that it is better to seek clarification rather than have any errors occur. At the end of this whole experience, we evaluated the scenario as a group and planned to work together as a
When professionals in the health sector are compliant to the standards and ethics of practice, then accidents in the sector and any activities that undermine patient safety are bound to be addressed. In particular, whistleblowers in the sector should also be protected to improve service delivery in the health sector.
Finally , Healthcare professionals should take appropriate action if patients right is been abused or discriminated against. Discrimination issues or problems must be treated equally and appropriate action should be taken . If healthcare professionals witness any sort of discrimination or patients report any discriminatory practices , immediate action should be taken as discrimination can have an adverse effect on the individual such as low self esteem and a sense of not belonging.
I would hold the surgeon responsible for her actions. Prior to any surgery the surgical team has the responsibility to do a time-out before any surgical procedure. A time out consist in the following steps: asking the patient to state their full name and date of birth, ask them what type of procedure they are undergoing and if they know the location of their surgery. By performing a time-out this gives the surgeons the opportunity to catch any mistakes and prevent errors from occurring. Not only does a time out prevent surgical error, but it also verifies that the patient has fully understand the informed consent that they sign prior to the surgical procedure.
Many Americans each year suffer the effects of not having health insurance. Most cannot afford it or they are denied for ridiculous reasons from private health insurance companies. This is not a fair system for those who have pre-existing conditions like myself with cancer or they simply don’t make enough money to pay for it because let’s admit health insurance is more then a house payment. The main parts of the Patient Protection and Affordable Care Act (PPACA) that affected state governments in 2014 that made Medicaid coverage expand in most states. Federal funds paid for most of the resulting new costs, but there were small increases in state Medicaid spending on adults with incomes up to 133 percent of the federal poverty level.
...ugh time to explain and to listen. There are times when I would help but I never seen the healthcare professional mistreating her. Healthcare professionals have to practice the principal of beneficence; which is a principle to do good, no evil. All individual need to be treated with respect and dignity.