Mitigating Liability through Proper Health Care Management Learning from mistakes is not something that is accepted in health care. Near-miss and error reporting is an essential component of safety programs across safety conscious industries. Within health care, though, many physicians are often reluctant to engage in patient safety activities and be open about errors because they believe they are being asked to do so without adequate assurances of legal protection. Having proper health care management could better prevent inevitable human errors from reaching patients. But understanding the root causes of errors requires their divulgence in the first place. By having a solid management of health care some benefits includes surgical …show more content…
Lastly let's take a look at malpractice patterns and how they relate to risk management. Identifying accurate malpractice patterns can in turn lead to better risk management in health care. When thinking about a dermatologist though they rank lower than many other specialties in terms of malpractice claims made and paid, collecting and analyzing data in these areas can help dermatologists minimize their risk even more (Jesitus 86). In the case of a dermatologist malpractice claims range from misdiagnosing skin cancer or not delaying diagnosis to not prescribing the right medication for a condition and the patient permanently scared because of it. Sandra I. Read, M.D., a Washington-based dermatologist says "We have heard stories and are trying to research cases where doctors who did not prescribe Accutane (Isotretinoin, Hoffman- LaRoche) to a patient who subsequently developed permanent scarring can be sued." So in the case of misdiagnosing skin cancer the risk management of it could be to biopsy everything. I am not a dermatologist so I am not sure is that would be the proper way of going about it using risk management but it’s a start. If doctors are aware of the malpractice patterns within their specialties it could help them develop a high-quality risk management program. Pressure increase on
What is malpractice? The given definition is improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official. These cases are occurring more all over the state than they should be due to human era. The people at the hands of doctors are being let down as well as left with disfiguration or even death. These cases are leaving people to question their surgeons as well as the nurses attending with them.
One of the most critical factors which contribute to the number of preventable cases of healthcare harm is the culture of silence surrounding these cases. The fear of medical providers to report incidences is related to the possibility of punishment and liability due to a medical error (Discovery, 2010). The criminalization of some acts of medical error has resulted in job dismissal, criminal charges and jail time for some healthcare workers. This is despite the fact that the system they are working in helped to create the situation which led to the error in the first place. Human error, due to fatigue and system errors can result in deadly consequences, but by criminalizing the error it effectively shuts down the ability to correct the root problem. Healthcare workers, working at all levels within the medical system, can provide valuable input on how to improve the processes and prevent harm from occurring (Discovery, 2010).
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
One of the problems with malpractice is that sometimes we have a hard time recognizing it. We may not know what exactly constitutes medical malpractice, or what qualifies as medical malpractice. Even worse, we often don't know what our course of action should
The main objective of healthcare professionals is to provide the best quality of patient care and the highest level of patient safety. To achieve that objective, there are many organizations that help improve the quality of care. One of the best examples is the Joint Commission. Unfortunately, the healthcare system is not free from total risks. In healthcare activities, there are possible errors, mistakes, near miss and adverse events. All of those negative events are preventable. But, it is clear that errors caused in healthcare result in thousands of deaths in the United States.
It is shocking to know that every year 98000 patients die from medical errors that can be prevented(Kohn, L. T., Corrigan, J. M., & Donaldson, M. S. (Eds.), 2000). Medical errors are not a new issue in our healthcare system; these have been around for a long time. Hospitals have been trying to improve quality care and patients safety by implementing different strategies to prevent and reduce medical errors for past thirty years. Medical errors are the third leading cause of death after heart disease and cancer in America (Allen, 2013). In addition medical errors are costing our healthcare system an estimated $735 billion to $980 billion (Andel, Davidow, Hollander, & Moreno, 2012).
Keeping patients safe is essential in today’s health care system, but patient safety events that violate that safety are increasing each year. It was only recently, that the focus on patient safety was reinforced by a report prepared by Institute of medicine (IOM) entitled ” To err is human, building a safer health system”(Wakefield & Iliffe,2002).This report found that approx-imately 44,000 to 98,000 deaths occur each year due to medical errors and that the majority was preventable. Deaths due to medical errors exceed deaths due to many other causes such as like HIV infections, breast cancer and even traffic accidents (Wakefield & Iliffe, 2002). After this IOM reports, President Clinton established quality interagency
To understand the rise in malpractice cases I would need to analyze each case separately. I would also need to find out how the system currently records and tracks medical errors and analyze any available information. I would also need to see safety reports if available.
A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.
Each year medical errors cause more than 400,000 American deaths and at least 10-20 times that number experience serious harm. Researchers say that is equivalent to “three 747 airplanes crashing each day.” Medical errors rank as the third-leading cause of death in America. Therefore, patient safety is a national concern.
Medical Malpractice consists of negligence committed by a medical professional. There are many possible events that can occur in the practice of medicine. When physician make a medical error it could possible result in an injury. We often put our faith in doctor to make the right medical decision for us. However, medical malpractice does not always hold up since some patient can take advance of the system. There are some defenses that exist when talking about the medical malpractice.
Bronx medical malpractice lawyer Ivan M. Diamond and his associates are experienced at fighting and winning cases for the victims of medical errors. Medical malpractice, or preventable medical errors, is the sixth leading cause of death in the United States. Hundreds of thousands of people are killed or seriously injured annually as a result of medical, hospital, nursing or nursing home malpractice.
Defensive medical decisions, better known as defensive medicine, is the practice of recommending additional diagnostic tests or treatments that may not be necessary. The primary function of this practice is for physicians to reduce the chances of litigation. These practices are inefficient and wasteful due to the medical legal system, which causes physicians to order further imaging examinations and diagnostic measures for assurance purposes. Defensive medicine cannot be measured and therefore the impact on the cost of healthcare has been underestimated and minimized (Sopher, 2015). 75% of doctors said that additional tests and procedures are necessary to avoid litigation according to the physician survey (Sopher, 2015).
Disclosing medical errors is considered necessary by patients and practitioners. They are advised to disclose in the form of an apology when necessary and appropriate. When a medical error causes damage to the patient, it seen as not acceptable because a patient goes for treatment in order to get better not to get worse therefore it calls for the situation to be addressed. When a medical error is not disclosed, the fellow peers who have witnessed the error must decide whether they should remain silent and keep the error to themselves or reveal the error to the higher up, although it would be in good faith to report the medical error to a higher up, unless it has caused harm or long-term damage to the patient. (Youngson. p. 69) There are many hospitals that the practitioners keep the errors made to themselves and do not disclose the medical errors to the families of patients or the patients themselves. Medical errors become a topic of conversation if the family of a patient or the patient themselves become aware about the error. Medical errors are something that should be disclosed in a good faith manner
Wrong site, wrong procedure, and wrong patient errors are avoidable safety issues. Nearly 1.9 trillion dollars are spent on medical errors each year in the United States (Catalano & Fickenscher, 2008). Between 1995 and 2007, 691 wrong-site surgeries have been reported to The Joint Commission's Sentinel Event data repository (AHC Media LLC, 2008). In 2003 in response to the outcry for better patient safety The Joint Commission