Medical Negligence Claims

Medical error is the third leading cause of death in the US, right behind heart disease and cancer. More than 200,000 people die annually as a result of diagnostic mistakes and negligence by healthcare professionals (Washingtonpost, 2016). In the healthcare industry, even the smallest mistakes and oversight could lead to severe consequences for both the patient and professionals. A healthcare professional would be held liable for any discrepancies that causes harm. The following case will analyze the ethical issue and negligence that lead to the death of an elderly woman.

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

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

One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non-economical awards. Tort reform is the response; a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public

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 book explains that vast majority of errors occur due to good doctors trying to do the right thing but being unable to reach the goal since the system is fragmented. The authors include many instances of medical error, responses from patients, families, and healthcare professional, and the steps taken to improve the performance and reinvent the health care system. Throughout the book, heroic role of many leaders of healthcare professionals, scientists, and academic professionals are presented.

Following the judgement healthcare professionals are now under a clear duty to take reasonable care to ensure that patients are aware of all material risks in any proposed treatment. The Supreme Court’s judgement aligns the law towards the guidance provided by the GMC in relation to the importance of informed consent, thus represents a growing appreciation of the rights and needs of patients. More importantly as discussed in the previous chapter it demonstrates the importance of clinical negligence claims to be brought to the court in order to develop the law in this area to ensure justice is being provided and patient safety is developed by the

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.

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“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 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)

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

In this essay “When Doctors Make Mistakes” Atul Gawande (1999) talks about the day when he made a mistake as a doctor. He writes everything that he did step by step to show what he did wrong. He talks about how tried to open her airway and couldn’t so he had attending come help him. He also talks about the patient barely surviving and how the attending had to tell the family that the patient was alive but in a critical condition. He then goes on and talks about other mistakes physicians have made but admits that “all doctors make terrible mistakes” (p.385).

If you believe you have not received the care you deserved, you may want to discuss your case with a Philadelphia medical malpractice attorney to learn your best legal course of action.

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