An experienced nurse Julie Thao was taking care of 16-yeas old Jasmine Gant who was about t give a birth. Thao is accused of making a mistake that had terrible and tragic result on the life of a pregnant teenage, unborn child, Gant’s family, health care, and Thao’s life. Thao mistakenly gave Gant an epidural anesthetic intravenously instead of an IV antibiotic for a strep infection. Within minutes of receiving the epidural IV, Gant suffered seizures and died. Her child, a boy, was delivered by emergency Caesarean section and survived. So what caused this tragedy to happen? According to investigation, Thao improperly removed the epidural bag from a locked storage system without authorization, she did not scan the bar code, which would have told
Hospitals do their best to avoid an appearance of malpractice. They will usually explain how nothing could have prevented the death of your loved one. Or if the death was blatantly negligent, they will settle out of court to limit the publicity. If you suspect that your loved one has died due to the negligence of the medical staff, you should consult with an attorney that has experience in this area. This type of lawyer will be able to help determine if you have a case of wrongful
He said the union was waiting to see what the results of the Fire Department's investigation would be.
“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
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.
The first legal consideration in this case is related to corporate liability. The hospital itself is negligent under this doctrine. Corporate negligence is the failure to provide the equipment, facilities, and staff to carry out the duties of the corporation in accordance with the established standard of conduct (Showalter, 2007). Corporate negligence is evident in this case in regard to the failure to ensure that sufficient healthcare personnel were available to provide the established standard of care to the patients in the facility. Moreover, the personnel that were required to remain at the hospital from the day shift were likely
The nurses in this small community hospital in no way upheld the Code of Ethics for nursing at this point of time in the care of the infant in this case. Primary responsibility and code is to give respect and good quality care to every patient. When the nurse turned off the monitor on this infant, they denied him the right to quality care. The nurse took away this infant’s worth by deciding to not treat him according to the orders and policies of the doctors and the hospital. Although the nurse could have turned the monitors off because it was disturbing one of her patients, and her job is to respect the primary interests of her patients. As an infant in the hospital at that time, he was a patient as well, even if not assigned to whichever particular nurse it was
McCullough also said that she’s filing a lawsuit against the hospital. “I am also currently suing them over the retaliation as it violate, patient right, parental rights, Joint Commission rules, the patient care act, and others,” she wrote. “Suing them is about holding them accountable and having a voice for parents. Clearly, we do not have enough protections in place for patients and parents.”
filing suits when doctors are not at fault. When a family member dies, the loss
If you suspect that you or someone you love has been adversely affected by the medical profession, you will have many questions. Depending on the severity of the issue and what has occurred, you may need the services of a medical malpractice lawyer.
Legal ramifications can also be an outcome of medical errors that can occur due to healthcare workers working long shifts and being fatigued. Medical malpractice claims have been increasing and the reason cited in the claims were “medical errors that was precipitated by physician and nurse fatigue (MEDSURG Nursing, 2005). Additional studies suggest that a medical provider that averaged 5 hours or less of sleep are more likely to have a serious medical error that could result in he or she being named in a malpractice claim (Owens, 2007).
If this scenario happened in an outpatient clinic or urgent care center and there were physicians who were more dedicated to patient safety a report to child protective services may have been made regarding the child’s injuries. This child deserves to have her rights observed and
This paper will be discussing tort as it relates to negligence and malpractice in a healthcare organization. It will try explain how negligence and malpractice drive up the cost of healthcare and how there has been a clamor tort reform, what would be the content of the reform and the expected outcome. Lastly the essay would prove to us that there is no indication since tort reform has been implemented, that points to a reduction in the cost of healthcare and the cost of running a healthcare organization in relation to paying high malpractice insurance.
Throughout the years, the patient and the doctor relationship has been labelled differently in terms of description. At first it was formed into a “common calling” that represented the doctors practicing medicine, towards their patients, as their jobs. There were strict regulations that were created in order to protect the patients, which is why all doctors take extreme precaution when performing any kind of medical care and utilizing their skill of expertise. Medical malpractice has risen in the past few years, which then influenced some changes to the law. Liability was established as well as negligence. In the society that we live in, a doctor’s job is mainly to provide adequate care, their skills and their best assessment in the professional practice that he/she are in and when they are negligent, embrace the responsibility that of their actions.
Malpractice and liability are touchy topics when they relate to the profession of social work. “Ignorance” and “good intentions” are no longer acceptable excuses whenever a social worker makes a serious mistake within their practice. Practitioners are required to seek out knowledge in order to prevent malpractice suits and unethical behavior (Dolgoff et. al, 2012). One of the biggest causes of malpractice suits when dealing with technology is confidentiality breaches. It is easier to break confidentiality when you are using systems that are not always 100 percent secure and private. Reamer (2013) mentions that social workers must be knowledgeable on all forms of digital media that use in their practice. Many malpractice suits could have been prevented if the worker had more knowledge on the issue involved. An issue can be unethical, but legal and vice versa (Dolgoff et. al, 2012). For example, not properly maintaining records is not considered a crime, but is unethical within the social work profession. Another example would be a worker refusing to send a child back to a home where the child is being sexually assaulted after the court made the order to do so. I would not see this as unethical because the worker is advocating for the safety of the child, but it would be viewed as a crime in the eyes of society