Negligence In Health Care

Legal Issues: Due to several medical errors from both the Hospital and Nursing facility legal can step in and make a case for Medical Negligence. This case may not have been intentional but too many mistakes bypassed people on several occasions and by two different organizations caused the patient to have an extension of a stroke. Doctors and medical staff have an obligation and duty to their patients to be in line with the “Medical Standard of Care.” This legal term is defined as, “the caution that a reasonable person in similar circumstances would exercise in providing care to a patient.” Here the physician did not provide the quality of care to the patient because he/she did not adequately review the patient history and medications properly.

I think first and foremost it would be important to explain to the healthcare professionals what tort is and how it can happen so that the healthcare professions can have a better idea of what exactly tort is and how to avoid it happening ever again. Tort is defined as a civil wrong; it is something that unfairly causes someone else to suffer a loss of harm resulting in legal liability. Torts are categorized in several different ways; the most common ways are negligent and intentional torts.

Medical errors have adverse effect on health care organization structure because it put a question mark on health profession’s reputation. The medical error definitely can cause harm to the patient or even the death. Medical errors can happen anywhere in healthcare system: in hospitals, clinics, surgery rooms. Medical mistakes can arise from doctors, nurses, surgeons, hospital administration, and many others. Medical errors affect the health care organizational structure, culture, and social in many ways. Medication errors have severe direct and indirect effects on health care organizational structure, and culture is usually the outcome of breakdowns in a system of care. Many reasons can involve in medical errors such as, miscommunication

The importance of ensuring that claimants are given a reasonable opportunity to present their claim to obtain a fair outcome from the court was stated by Peter Walsh:

Negligence is part of tort law and deals with hardships between individuals where one party has suffered as a result of something the other party did or did not do. The purpose of negligence is to receive compensation for the injuries sustained. (Newnham, 2000). Teachers are relied upon to prepare lesson plans, teach classes and grade student’s work. Encouraging students and acting as teacher–advisors for students. Maintaining discipline in the classroom. (What are the responsibilities of teachers?, 2016).

In this paper the subject to discuss is a newspaper article given in season three, episode seven of Pearson Health Science Neighborhood in the course materials section of University of Phoenix student Website. The article “Amputation mishap, negligence cited” is about the wrong leg amputation of 62-year-old Joseph Benson, a diabetic patient who suffered from poor circulation for five years. The hospital where he had surgery is experiencing nursing shortage and union problems (Pearson Health Science, 2011). The incidence of wrong leg amputation occurred as a result of negligence. This could have avoided by completing a pre procedural checklist, site marking, and time out and proper

To analyze a negligence claim of physician, it should first begin with a legal description of the elements of negligence. There are four required elements for the act of negligence:

Professional Negligence refers to the failure to perform a duty competently either by commission or omission. Negligence in a clinical setting can result to patient falls, burns, administering wrong medication, or harm caused by defects in an apparatus used by the health care provider. These all lead to injury to a patient, and in this setting, injury may include not only physical harm but also mental anguish and other invasions of the patient's rights and privileges. In any case, negligence must be proven to have occurred and may be in any of the different forms

If you, or somebody you know, have/has got an injury all through health care treatment, you or another one may have a claim for health care negligence. Illinois medical negligence law dictates more than a few requirements for submitting such types of claims like a court case, together with how much time an injured one has to submit that lawsuit in court.

These statistics abound, many observers have shifted their attention from the shocking statistics to the real causes of medical errors. Comprehensively, it is established that medical errors are either caused by human factors or medical complexities. Human factors include variations in training healthcare workers; fatigue; depression and burn out; dealing with diverse patients; coping with unfamiliar settings and time pressures and finally the failure to acknowledge the seriousness and prevalence of medical errors (among others). Medical complexities may include the combination or exclusion of complicated technologies, powerful drugs and intensive care or prolonged hospital stay. Though these factors may contribute to a significant extent in the upsurge of medical errors, there is a neglect of one of the main causes of medical errors – system failures. Focus on system failures changes the paradigm of how medical errors are analyzed because it shifts the focus from blaming healthcare personnel to the procedures and rules followed when treating patients. This study exemplifies

“We have always thought of causation as a logical, almost mathematical business. To intrude policy into causation is like saying that two plus two does not equal to four because, for policy reasons, it should not.” (Charles Foster NLJ 5/11/2004 page 1644).

Rather than the issue being with the lawsuits themselves, the true issue lies with the large

The case involves negligence on behalf of the physician and nurse. The infant was given an injection of a drug that was administered through the wrong route. Dr. Stotler wrote an ambiguous order with resulted in the nurse giving the misinterpreted dosage of drug. The standard of care was breached because it is the duty of the nurse to ask the prescribing physician if they do not understand. The court found the physician, nurse, and hospital liable. Under vicarious liability, the hospital was responsible for the negligence of its agents, the nurse and doctor. The court stated that the nurse also was unfamiliar with the medication. Providers should always seek clarification if they are unacquainted with something. While it may seem to

There is a major concern about patient safety; not only here in the United States, but in many countries around the world. Medical errors can happen to unfortunately anyone and clearly they happen all the time around the world. There has been quite a few studies done in order to pin point some of the risk factors of medical errors and some of them had unsettling conclusions.

Legal responsibility includes nurses and midwives being in charge of guaranteeing they have fitting professional repayment protection, as patients have a privilege to anticipate that them will hold this protection on the off chance that there is a substantiated case of professional negligence (NMBI 2014).