Medical Malpractice Case

“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite

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

Medical malpractice, the negligence of a health professional in diagnosing, treating, and or caring for a patient, is a specific tort law under the negligence torts. In the medical field, the tort reform has affected many people including doctors, lawyers, insurance company owners and workers, patients, and including other citizens. While large corporations, doctors, and other defendants are benefitting from caps on damages, that is limiting the amount of money that can be granted in court, plaintiffs, lawyers, and citizens are affected differently. Doctor Sage stated in an interview that he has, “never felt that caps on damages had a major effect on patients one way or the other” (“Could Malpractice”). This remark makes those injured question about

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 Verdict (Lumet, Zanuck, & Brown, 1982) is a powerful film about medical malpractice and the concealment of evidence. A young woman arrived at a Catholic hospital to give birth. The admitting nurse noted in the patient’s history that the patient ate within one hour of admission. The anesthesiologist neglected to review the patient’s history prior to administering the anesthetic. (Patients cannot go under anesthesia safely if they have eaten within nine hours of the procedure.) The patient aspirated her stomach contents causing her to stop breathing. Without oxygen for several minutes, the patient became brain damaged and went into a persistent vegetative state. When the patient’s sister sued the anesthesiologist and archdiocese for

The movie, The Verdict, centers around a lawyer in Boston named, Frank Galvin. Years back , Galvin was fired from a Boston law firm by a senior partner at the firm, due to jury tampering, for which he was framed. After he was fired, his marriage sadly, ended with a divorce; leading Galvin to become an alcoholic and an ambulance chaser, a practically failed chaser. Later on, Frank’s friend, Mickey, sends over a medical malpractice case, which is supposed to be a definite win for Galvin. The case focuses on a woman, Deborah, who almost died while giving childbirth, as her anesthetic deprived her of oxygen. Frank is confident about this case and gives hope to the woman’s sister and brother- in- law, Sally and Kevin Doneghy.. Frank soon visits

Findings from a 2012 Study of Medical Negligence Claiming in Scotland revealed that patient support and advice groups find that when a complaint is made to the NHS in relation to a medical injury a defensive attitude tends to be adopted in response to such complaints. According to Professor Sir Ian Kennedy, Chairman of the Independent Parliamentary Standards Authority, this defensive attitude is what leads to claims being raised against the NHS. He stated that the current clinical negligence regime is what prompts defensiveness within the NHS and that this problem will persist as long as the fear of litigation and stigma of settlement remains. In the literature reviewed there seems to be a general consensus that the requirement for the claimant

Medical malpractice claims have risen dramatically over the past 40 years alongside the financial claim awards (Kessler, 2011). Currently, America’s medical tort system is regulated and enforced primarily by the states (“Medical Tort System,” 2016). The main focus of tort law is to preserve the peace between two parties, to determine fault and discourage wrong doing (Pozgar, 2016). Most physicians today carry medical malpractice insurance to protect themselves from the high defense costs of claims and potential financial awards (Kessler, 2011). As the number of medical claims increase and jury awarded punitive damage skyrocket, medical malpractice insurance premiums have also risen dramatically (Kessler, 2011). Malpractice insurance

The state of California is not stranger to its fair share of personal injury incidents. The entire state sees more than 200,000 personal injury incidents per year. The personal injury bracket includes a large number of accidents and incidents such as:

I spoke with David Architectural’s attorney and she is going to ask Judge Brennen for an additional thirty days to decide how to proceed on the fourth-party complaint against SCB and Arkema. The reason being she received roughly 70,000 project documents from Power and the plaintiff in the last two weeks and has not been able to get through them all. I asked what she is looking for and she said her consultant believes the undercoating was not applied to the railings. As a result, she is looking to determine if SCB directed that the undercoating did not need to be applied. I responded, “Even if we did, which I doubt, so what? You still would not have a negligence claim because of the Economic Loss Doctrine.” In response, she stated that she is looking to see if there was something that brings the claim within the exceptions. I told her the facts of the claim do not fall within the recognized

Lawyers will tell you that caps on damages are unfair and ineffective. They claim that capping awards will not solve the current crisis in the state. Caps would punish the most severely injured victims of avoidable medical mistakes victims of blindness, deformity, and amputation. Do not even attempt to speak to a plaintiff's attorney about having caps placed on awards from a civil case. No one can put a price tag on their child's head. If Jessica were your daughter would a cap of $250,000 be enough for you.

Patients put a lot of trust in their doctors and physicians. We believe that they are trained to diagnose properly. They are scientists who base their predictions on chemical and physical evidence and with years of school and training arrive at a conclusion. However, they are human and can make mistakes. Almost 20% of patients are misdiagnosed. Some are simple and innocuous while others can be life-threatening. The typical behavior for a trained physician who is not sure of their answer is to resist the quick diagnosis and recommend the patient to a specialist or another doctor for a second opinion. Misdiagnosis can lead to incorrect treatments and unneeded surgeries, all the while, putting the patient at risk and missing the opportunity to treat the real disease while allowing the condition to worsen.

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)

     Imagine yourself lying on an operating table, motionless, quiet. Above, you notice people standing over you. You try to speak but the words just cannot come out. Your arms feel as if they are plastered to the table. You begin to stand up but feel as if weights are strapped to your back and you are bound to the table. Suddenly you feel a sharp pain in your midsection. In and out, you see a surgeon slicing your body open with a scalpel. Every motion the masked person makes is as if you are being torn apart from the inside out. One would hope this would simply be a nightmare and they will wake up and everything will be fine. In this instance, this person will

Imagine you are injured or sick and have sought a doctor’s help. Although you trusted your doctor, something, something seemingly very in control of the doctor, went wrong. You are angry and confused, but also think of the commonality of medical malpractice. So, why do doctors, who are supposed to help, harm? Though many flaws influence it, malpractice can be, and often is unintentional. Most doctors aren’t trained to harm their patients. Inexperience and lack of medical discovery led to unintentional suffering of the patient. Personal flaws, like lack of willingness to abandon previous medical methods and shortcomings in communication also harm patients. Further reasons why doctors harm are socio-medical understandings that breed hate, prejudices stemming from a society’s belief about certain people, such as the medical practice under the Nazi regime. Additionally, displayed in the case of Ignác Semmelweis, judgement of one to oneself can be detrimental to any progress one’s ideas could make. We will examine these concepts through Jerome Groopman’s “Flesh-and-Blood Decision Making”, Sherwin Nuland’s The Doctors’ Plague and Barbara Bachrach’s “In the Name of Public Health”. Those who practice medicine are, unfortunately, unfree from the imperfections that plague all of humanity. Through these intimate and varied faults, doctors do harm.