Health Risk The Growth Of Mal Practice And The Deposition Of Quality Care Needs Improvement

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.

A health care provider must understand many aspects of statutory duty. Duty is “a legal obligation imposed on one to conform to a recognized standard of care to safe guard the rights of others”. The standard of care is usually related to medical malpractice cases. Standard of care is defined as “the caution and prudence that a reasonable person would exercise under the circumstances or by appropriate authority for such situations”. This is mainly of importance because all physicians are expected to perform within the guidelines of this duty, and this standard or care changes depending on the circumstances. “Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witnesses regarding whether the standard was met”(Showalter, 2014 p 139). Negligence results in the failure to meet this standard of care, and the jury usually decides if the defendant is guilty of committing a negligent act. Causation is an aspect of negligence. The defendant could be held liable for negligence if the act was considered to be foreseeable, and if the injury occurred from a breach of duty.

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

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.

When assessing whether a no fault regime is better than a negligence rule in dealing with the causes and consequences of medical error, it would seem prudent to first understand the meaning of the term “medical error”. Liang defines medical error as ‘a mistake, inadvertent occurrence, or unintended event in health-care delivery which may, or may not, result in patient injury’ (2000, p.542). The consequence of these errors (or adverse events) that lead to patient injury, and the method by which we determine and administer compensation for such injuries, has been the source of heated debate amongst scholars in recent

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.

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.

The consequences of medical malpractice can be devastating: paralysis, brain damage, cognitive deficits, loss of limbs, organ failure, permanent disabilities, and death are some of the outcomes.

Physicians have been known to use Defensive medicine techniques to help guard themselves against malpractice lawsuits. The problem with using defensive medicine techniques is that it is regarded as prescribing unnessary test, procedures, and checkup appointments (chap. 12). All of these added unnecessary medical treatment and documentation contributes to the growing cost of health care in the United States (U.S.) (chap. 12). Physicians who use the defensive medicine techniques also have a higher risk of having a malpractice lawsuit that will lead to malpractice awards and an increase in insurance premiums that will add to the increase in health care costs (chap. 12). Even though the defensive medicine is viewed as an intervention, it is

On the other hand, malpractice liability is a valid concern because in such “cases hospitals can be held liable for allowing an incompetent physician to provide services in the facility” ( Harris, 2014, p 134) . In this type of case, a patient can not only sue the physician for the alleged negligence in diagnosis or treatment, patient

“If people understood that doctors weren’t divine, perhaps the odor of malpractice might diminish”(Richard Selzer). “Between 210,000 and 440,000 patients, each year go to the hospital for care suffer some type of preventable harm that contributes to their death.”(-Journal of Patient Safety). When medical malpractice happens, many people blame the health care worker involved. Is it entirely fair to shift the blame are the institutions and practices not the ones that deceived them. Three changes needed to be made to cut medical malpractice are reducing the understaffing of nurses, having effective medical practices, and implementing proper communication.

Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)

It is human nature to make mistakes; however, mistakes that cause harm to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating on Mr. Benson was considered to be negligent, gross negligent or was this mistake malpractice.

Healthcare has been a hot topic in locally and internationally for the around twenty years. The American Hospital Association wrote about some of the things that experts believe is affecting the cost of healthcare. One of the main concerns is the over diagnosing of patients by medical providers which leads to unnecessary testing and over medicating with prescription drugs. Additionally, over diagnosing leads to over use of medical resources which bills both private and government insurance companies. This drive up the cost of insurance cost by consumers. Experts believe this main reason of for over diagnosing is the mal practice liability insurance.