Negligence in Healtcare Law

2071 Words Nov 6th, 2015 9 Pages
MBA 5101
Unit 1 Case Study
Gary Campbell

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
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Meaning the baby's head was down; however, unlike the usual presentation, he was facing forward instead of inward, toward Ms. Fielding's spine. At 12:30 a.m., Midwife Muhlhan attempted to expedite delivery while at Fielding's home. First, Midwife Muhlhan applied fundal pressure to Ms. Fielding two or three times. Second, Midwife Muhlhan injected Fielding multiple times with Pitocin, a hormone that increases the strength and frequency of contractions. Third, misjudging the state of her labor, Ms. Muhlhan performed an episiotomy, which is a procedure performed upon immediate delivery in which the perineum is cut in order to enlarge the vaginal opening. Finally, Ms. Muhlhan directed Fielding to cleanse herself with a probiotic treatment, as an alternative to taking antibiotics, in order to prevent the potentially fatal transmission of Group B streptococcus bacteria (for which she had tested positive), to the baby during labor and delivery. After providing these treatments, Midwife Muhlhan decided it was time to go to the hospital. Midwife Muhlhan sutured the episiotomy and called an ambulance. Rebecca Fielding arrived at the Hospital at 3:30 a.m. on March 26, 2010. Fielding was an unknown patient to the Hospital and was socioeconomically challenged. The Hospital's labor and delivery team evaluated Fielding's status and determined the best way to deliver her baby. The team also applied a fetal heart rate monitor. The medical records

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