As the Director of Human Resources, I would predict that this is a malpractice issue and it is the responsibility of myself as the director to make the right decisions for the facility as well as for the patient’s that our facility service. Although it is not easy to terminate employees, this is a process that comes along with the job description that managers must learn how critical think for all parties involved. The best time to address a problem is before it becomes a problem, but in this case the communication breakdown is what caused all of the patient’s painful lifelong condition (Fallon & McConnell, 2007). First, let’s look into malpractice disputes. I will like to dissect the people that will be affected by malpractice issues …show more content…
It is standard practice to note all changes to the Provider especially the ones that can be threatening. When she notices the Patient’s toes starting to look pale and swollen was the change in condition that the provider needed to be aware of due to the fact that she was recovering from a surgical repair of the left …show more content…
This is when the investigation or critical thinking skills come into play. Malpractice laws provide a way for patients to reap compensation from any harms resulting from substandard treatment (MNT, 2014). This is not always a bad thing for health care workers because it creates better and thoughtful practices. If health care workers did not have medical malpractice laws in place workers might not care as much about their performance. People do not want to have a lawsuit on their hanging over their head. So, this law helps protect every party involved. A hospital, doctor or health care professional is only liable for things like neglect of the patient. The only responsibility health care professionals have been harmful injuries that result in deviating from the quality of care that a competent professional would normally have (MNT, 2014).This patient most likely will be compensated for the lifelong pain and treatment that they will have to make a part of the rest of their life. So, in this case the best time to fix this problem would have been before the problem was created(Fallon & McConnell, 2007). This is the most effective way to handle problems before it escalate into a major
This proceeding before a Medical Review Panel, pursuant to La. Rev. Stat. §§ 40:1299.41, et seq., is brought by Jimmy Martinez against multiple health care providers, including Dr. Mark Kappelman, a qualified health care provider entitled to have the claim filed against him reviewed by this Panel. The claims made against Dr. Kappelman are mere allegations without support and proof. In a medical malpractice case the burden of proof is on the claimant to establish that Dr. Mark Kappelman’s actions in this matter fell below the standard of care required of similar health care providers. The claimant also bears the burden of proving whether any such alleged act or acts of negligence caused any injuries. It is the duty of the
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.
Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case
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.
According to Attorney.com, Ohio malpractice law defines medical malpractice as when a medical professional, such as a doctor or a nurse, or a medical institution, such as a hospital, injures a patient during the course of a treatment. Furthermore, for this injury to be able to be considered medical malpractice, the doctor's actions must represent a breach, or violation, of the standard of care. A standard of care is defined as the generally accepted practices and procedures that all medical professionals in the area would administer for a patient suffering from a particular ailment. This standard of care varies depending on a number of factors, including the patient's general health as well as his or her age.
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.
Tort reform has intense arguments to both sides and creates a myriad of concerns. On one side of the tort reform movement, defendants such as corporations and medical professionals want limits on the damages awarded to the plaintiff. The benefit of tort reform for defendant is the financial savings. However, a cap placed on medical malpractice cases and other cases that are of negligence would standardize the monetary compensation regardless of the damage. In my opinion, Medical malpractice tort reform is a gray area, for each breach of the standard of care involves a different story and person, therefore the damages vary and should be evaluated fairly. In this essay, both sides of the argument are discussed, with a focus on medical malpractice tort reform.
When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well.
From a personal standpoint I believe that the excessiveness of litigation is hurting the field of healthcare due to the affects in many different areas. It reduces access that patients need. Due to the misuse and disloyal antics of people making false accusations to self gain we will continue to see a rise in healthcare. I do not feel that all accusations are false, but I do believe that litigation has become successful due to dishonesty. In order for there to be financial distress for us all as a country we must flow diligently with each other. From a malpractice standpoint they need to ensure that their patients are taken care of to the best of their ability and that they are taking the precautions needed to ensure no
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.
Health risk the growth of mal practice and the deposition of quality care needs improvement, many patients are not receiving the fair treatment due compensation. Patients liability should be upheld within any health facility The safety for patients and medical liability is important in healthcare because many physicians have obligations required to be fulfilled by law to make sure the quality of care is done in a professional manner.federal law has created an legal system that still faces issues dealing with quality of care.Many health physicians still lack accuracy when it comes to a patients liability. Malpractice has not made the right changes to set forth better effort to the improvement of quality health care.The way courts handle
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)
This case is extremely relevant to what is known as the four D’s of negligence; duty, dereliction, direct cause and damages. Duty is when a doctor and a patient have formed a relationship and said doctor has taken on the responsibility of taking care of the patient. Dereliction or failure to perform a duty, there must be some kind of proof that the doctor somehow neglected the doctor neglected the patient. Direct cause, there must be some kind of proof that what happened to the patient was a direct cause of how the doctor conducted himself or his failure to act which resulted in injury. Damages a patient must prove that harm was incurred by the direct result of the physicians actions.
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
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