Patient Grievance Research Paper

This case is extremely relevant to what is known as the four D’s of negligence; duty, dereliction, direct cause and damages. Duty is when a doctor and a patient have formed a relationship and said doctor has taken on the responsibility of taking care of the patient. Dereliction or failure to perform a duty, there must be some kind of proof that the doctor somehow neglected the doctor neglected the patient. Direct cause, there must be some kind of proof that what happened to the patient was a direct cause of how the doctor conducted himself or his failure to act which resulted in injury. Damages a patient must prove that harm was incurred by the direct result of the physicians actions.

In order to claim that a doctor or hospital was negligent in a medical malpractice case, there must be specific requirements present. First off a doctor-patient relationship must have existed (Boeschen, 2014). An individual making the claim must show that there was a physician-patient relationship with the doctor being sued. This means the doctor was hired and agreed to be hired for the medical care provided. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Second the plaintiff must show the doctor was negligent. Regardless of if the patient is unhappy with their treatment or results, does not determine the doctor is liable for medical malpractice. The doctor must have been negligent -- not reasonably skillful and careful -- in a diagnosis or treatment (Boeschen, 2014). To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances would not have (Boeschen, 2014). In many cases, the doctor's care is not required to be the best possible, but simply "reasonably skillful and careful” (Boeschen, 2014). Whether or not the doctor was reasonably skillful and careful is often up to the medical malpractice claim.

One of the problems with malpractice is that sometimes we have a hard time recognizing it. We may not know what exactly constitutes medical malpractice, or what qualifies as medical malpractice. Even worse, we often don't know what our course of action should

For decades doctors have been revered, respected, and regarded as “saviors,” but what medical practitioners and health officials do not reveal is that there are some doctors that are unlawfully practicing medicine, and nothing is being done to stop them. Medical malpractice is the illegal or improper practice of medicine. Unfortunately, this is far too common. The people that are victims of malpractice often get no compensation for the problems a physician has created. Although doctors are trusted individuals and have a right to provide medical advice, perform surgeries, and prescribe medicine, patients should also be able to have more control and security in their medical dealings through new laws and regulations.

damages. In order to obtain a judgment of negligence against a doctor the patient has to be able

The hospital and physician were both found to be negligent. Elements of negligence are (injuryclaimcoach, 2017):

The Plaintiffs felt that since the hospital was licensed and accredited that they should be held responsible for their employees and their actions. It states in the regulations that any infraction of the bylaws imposes liability for the injury. At any time if Dr. Alexander had questions or concerns he could have reached out to an expert in this field to consult

When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well.

The authority of the hospital is dependent on the relationship between the hospital and physician. Hospitals are liable for the negligent acts of its employees based on the respondeat superior doctrine. Normally, organizations are not liable for negligent acts of independent contracted physicians, but the sheer existence of a contractual relationship does not eliminate the potential liability. “In Gonzales v. Nork & Mercy Hospital, the hospital was found negligent for failing to protect the patient, a 27-year-old man, from acts of malpractice by an independent, privately retained physician.” “It was found that the hospital knew or should have known of the surgeon’s incompetence because the surgeon previously had performed many operations either unnecessarily or negligently (Pozgar, 2009, p.99). The existence of a joint venture between Dr. Smith and the hospital guarantees joint liability for any negligent act (Pozgar, 2009).

Let’s take Alteration of the patient history data for instance. If there was any tampering done with the medical records. This is considered as a criminal offense and can result in the physician to lose his medical license if found guilty of altering with the medical records This is considered as medical malpractice in the light of alteration, falsification and destruction of medical records by the physician. In this case the information in the History and the Physical examination of the patient was altered from “no known allergies” to “patient denies any drug allergies”. This was noticed by the HIM clerk and he immediately reported the same to the HIM director. The patient suffered from severe allergic reaction as the physician who took the

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)

Negligence happens when a “person’s actions fall below a certain level of care. Negligence can involve doing something carelessly or failing to do something that should have been done.” (Fremgen, 2009, p. 35). In order to prove negligence the plaintiff must present the following elements: 1) duty to care, 2) breach of duty to care, 3) injury and 4) causation (Pozgar, 2012, p. 33). Duty to care is the first element which deals with the care that the defendant (physician) owes the plaintiff (the patient).

     If what the person in question did met the requirements of what the standard of care calls for, then there has been no account of negligence. There are four main points that actually make up negligence. There must first be a situation in which the standard of care must be given under the given circumstances. Failing to follow the standard of care begins the case of negligence. After not satisfactorily completing the standard, there is an apparent setup for harm to the patient resulting from this failure to meet the requirements of care. When an injury is inflicted on the patient, that relates to the standard of care being violated, and that seals the case. Those are the four ingredients needed to complete a case of negligence (Cazalas 18).

The call centre of the Eastern Medical Faculty Foundation, hereafter referred to as EMFF, provides a competitive advantage to the Internal Medicine Department of the Chicago School of Medicine through the delivery of efficient and high quality service to patients. Treating patients generates revenue the Internal Medicine Department and contributes to investments in research in the highly competitive healthcare sector. Unfortunately, declining customer satisfaction, as evidenced in a growing number of customer complaints, suggests the quality of service is deteriorating and threatens the very competitive advantage of the EMFF.

Customer service is developed by the patient’s satisfaction and the effect it has on the health care system. Customer service is the face of every business and specially the health care system which it provides leaders with an idea of how the business should look or act. The healthcare systems benefit from the opportunities made by patients. Patients should be the instrument to provide guidance while the physician advocates for the patient’s health. Customer service is a support system between the patient and the physician and without that support system then there is not guidance for a better lifestyle for patients. This is a competitive market that have a few limitations and those limitations start with customer service in healthcare and how to provide the best care for patients. These challenges that the healthcare system face will overcome those obstacles and bring out their best principles to make the system better. Patient centered care relates to customer service and should be recognized as the central focus. High- quality healthcare systems provide satisfaction to patients to show that their experience will be well worth it because their physicians care about their patient’s health.