Negligence Paper

New study finds U.S. hospitals must improve workplace communication to reduce medical errors, enhance quality of care. (2005, Jan 26).U.S.Newswire. Retrieved 3/8/12 from, http://search.proquest.com/docview/450869420?accountid=458

Although the concept of principles guiding right and wrong conduct is not new to nursing, professional ethics has received increasing attention in nursing circles. Professionals such as nursing require a code of ethics on which practice can be based and evaluated (Black , 2017). There are sic ethical principles based on human dignity and respect: autonomy, beneficence, non-maleficence, justice, fidelity, and veracity. Today, I will talk about two ethics that nurses have to face a lot in patient care: beneficence and fidelity.

Given the complexity of healthcare system today, effective and efficient collaboration and communication among team members is critical to ensure patient safety. Daniel & Rosentein (2008) reported that during a typical patient’s hospital stay, a patient may interact with 50 different employees that may include doctors, nurses, laboratory technicians, etc. They also reported that when healthcare professional are not communicating and collaborating effectively, patient safety is at risk for several reasons: break in communication flow, misinterpretation of information, incorrect telephone orders and overlooked orders.

“Errors in communication give rise to substantial clinical morbidity and mortality (Riesenberg, Leitzsch, & Cunningham, 2010).” As a result, the Joint Commission has identified effective communication as one of its National Patient Safety Goals (Dunsford, 2009).

Negligence per se is when there is a form of negligence on the violation of public duty when there is a failure of care administered. It is also applied when a person does something that is not part of reasonable behavior. A plaintiff does not necessarily have to prove otherwise that a reasonable person could have acted any different in a situation. The way for a plaintiff to generally try and prove that the defendant has violated the statute to where the acts of the defendant could have caused damage or pain to where it was against what the statute represents and prevents. For example, if a doctor was operating on a person and accidently leaves an instrument that was used inside of the person that would be considered negligent under those

Communication promotes knowledge within a health care organization and is necessary for the organization to thrive. Communication is not only important to the staff but also to the patients within a health care facility who depend on staff communication to receive quality medical care. Without complete communication between staff member’s clinical errors can occur and the patient’s health could be at risk. In this paper the subject will explain how a health care organization shares knowledge through communication and examine, which are the most effective techniques and which techniques are ineffective. This

Confused by a repeating dream, Joseph Benson wakes up and realizes the wrong leg was amputated. Even under the best of circumstances, mishaps such as this one do occur as a result of negligence and cause unnecessary duress to patients. This paper will discuss the difference between negligence, gross negligence, and malpractice. I will present my opinion of the article “Amputation Mishap; Negligence” from the Neighborhood newspaper. I will also discuss the importance of documentation as it relates to ethical and legal requirements, and the ethical principles that would guide my practice as a nurse in

According to the Joint Commission Center for Transforming Healthcare, “wrong site survey occurs as often as 40 times per week, in the U.S. Wrong-site surgeries include performing on the wrong side or site of the body, on the wrong patient and performing the wrong surgery” (Wrong-Site Surgery Cited as Top OR Safety Challenge Among U.S. Hospitals, Survey Finds, 2013). Even though, wrong site surgery occurrences are rare, the occurrences however, do occur. Wrong Site Surgery (WSS), is an important topic to address due to the fact that it is considered a preventable medical error, with correct measures, and standardized protocols implemented.

A weakness in communication between interdisciplinary team members can impact patient safety and health . A recent study revealed that out of all the claims analyzed , 57 percent of malpractice cases reflected miscommunication between two or more healthcare providers (Riah, 2015). In fact, the same communication failures directly linked to 1,744 deaths over the past five years (Budryk, 2016). During my clinical placement this semester I have witnessed the overwhelming number of health care team members that are involved in each patient’s care. I also take part in morning nursing rounds where all nurses are updated on every patient’s status. Transmission of permanent patient information is also relayed to all members of the health team via the patient chart .Here , interdisciplinary notes all come together to form updated health information on patients. However, although I have read interdisciplinary notes from all team members , I rarely have had the opportunity to personally communicate with members other than doctors and nurses. Personal communication allows for a team member to pass on relevant information in a timely manner without the possibility or misinterpretations. When communication is strictly done non-verbally, it is impossible to ask any questions.. This is why communication between professionals in health care is essential for patient safety and improved quality of care (Koivunen, Niemi., & Hupli,2015). There are 3 main factors that cause miscommunication

Communication is the leading factor in heath care errors (book). (Treas & Wilkinson Book p463) defines communication as “a dynamic, reciprocal process of sending and receiving messages. The messages may be verbal, non-verbal,

Wrong site surgery remains the most frequently reported sentinel event, with 908 wrong site surgeries reported since 1995 (AORN, 2010). During the late 1990’s and early 2000’s there was a tremendous public concern and lack of trust for the medical profession, especially within surgical services. We as healthcare professionals needed to step up to the plate, slow down, and take responsibility to improve the quality of care we provide for our patients. Although there still is some resistance from surgeons and other healthcare professionals, overall there has been a general acceptance to universal protocol.

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)

It is human nature to make mistakes; however, mistakes that cause harm to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating on Mr. Benson was considered to be negligent, gross negligent or was this mistake malpractice.

Despite advancements in modern medical care, bad outcomes can still occur. Whether or not a medical provider can be held liable for a bad result often depends on several factors. Below, a Honolulu, HI personal injury attorney from Leavitt Yamane & Soldner discusses the difference between a bad outcome and medical negligence.

Once a duty of care has been established, the defendant(s) standard of care must then be determined. In view of the fact that General Motors stands to commercially gain a significant amount of revenue and profit from the sale of their products, these large multi-national firms are positioned with a high