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Ethical Dilemmas Involving Negligence

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The ethical and legal dilemmas involved in this case are surrounding the competency of hospital physician s and staff. The emergency room physician failed to consult an orthopedic surgeon regarding the initial fractures and again after the patient complained of pain and the cast was split. The nursing staff didn’t question the emergency physician. The nursing staff and physician failed to notice signs of gangrene and decaying tissue.

Ethically, the principle of nonmaleficence comes to mind. “Nonmaleficence is an ethical principle that requires caregivers to avoid causing patients harm (to do no harm)” (Pozgar, 2013, p. 13). Knowingly, this physician and staff caused harm to this patient when they failed to consult an expert in the field. The ethical dilemma set the situation up for legal dilemmas involving negligence and malpractice. …show more content…

“Negligence is a form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society” (Pozgar, 2013, p. 195). The carelessness of the physician and staff resulted in poor conduct which can be described as malpractice. “Malpractice is the negligence or carelessness of a professional person (e.g., a nurse, pharmacist, physician, or accountant) (Pozgar, 2013, p. 195).

The hospital failed in its ethical duty to the patient via corporate negligence. The hospital, as a corporation, has duties that it owes the public and patients. “These duties arise from statutes, regulations, principles of law developed by the courts, and the internal operating rules of the organization” (Pozgar, 2013, p. 274). The hospital failed to perform this duty, so they are just as liable as an isolated staff

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