Week 3 Assignment

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Northcentral University *

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7006

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Health Science

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Apr 3, 2024

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docx

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1 Week 3 Assignment: Recommend Strategies to Mitigate Risk of Negligence Litigation Within Healthcare Shermaine Stuckey School of Health Sciences, Northcentral University DHA 7006- Health Law, Ethics and Policy Julie Miller December 26, 2022

2 Recommend Strategies to Mitigate Risk of Negligence Litigation Within Healthcare Findings of Negligence It is estimated that about 100,000 people die every year from medical errors that could be prevented (Cheluvappa & Selvendra, 2020). While many organizations are involved in hospital procedures, they do not completely eradicate medical errors. The blame is finally sent to the receiving hospitals, with the patients becoming the victims. The case of the Duke University Hospital transplant happened when a 17-year-old patient, Jessica Santillan, underwent surgery to transplant her heart and two lungs. A Duke Hospital surgeon misinterpreted a message from the organ donor bank. The surgeon thought that the organ was a blood type match when the bank informed him that the organs were available for the patients. The hospital and the organ donor bank had responsibilities to fulfill in this case. The hospital was supposed to send the details of the patients to the donor, and the donor, on the other hand, could have reciprocated with a confirmation of the received details, including the blood type. While the donor bank could reject the negligence, the hospital could not walk away with the case. In this case, the Duke University Hospital confirmed their errors and admitted that it was due to their negligence and mistakes that the patient died. Failure of Organizational Procedures and Policies Hospitals, like any other organization, have a structure of systems and procedures that must be followed. Surgery is critical and requires caution and intensive care when performed. The case of the Duke University Hospital was a tragic mistake when Jessica received the right organs with the wrong blood type (HRM, 2003). In this case, her body rejected the organs, causing her system to shut down. The Duke University Hospital in this case should have a confirmation strategy where the surgeon department must keep close communication with the

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