Physician Negligence Analysis

There are several features to the case of the burned patient which could leave the doctor culpable in a court of law. Given the high probability of infection from the operation and her already-compromised vision in the right eye, the doctor's actions in advising her to elect surgery seem extremely unwise. The patient specifically inquired about the risks of the procedure and the physician said there was nothing to worry about, which a layperson would be very likely to interpret as no risk at all (as the patient did). He did not inform her of the high risk of infection which, based upon the presentation of the case study, seems to be a widely-known risk of the procedure in the medical community.

“An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Proximate cause would be the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause.” (web. 26 Feb. 2012

Section 1: In the first section of the paper, you should give careful thought to how you might define the policy problem.

In this first situation, Mike, who is a Utah resident, sues Jim for negligence in the amount of $60,000. Jim is a Nevada resident, therefore, Mike sues in Nevada's Federal district court. Negligence is a state civil law suit. Jim believes that the case should be dismissed because he believes there is a lack of subject matter jurisdiction. By definition, Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Additionally, the constitution doesn't extend subject matter jurisdiction to federal district courts. With that in mind, Jim is correct. The case should be filed in a a state trial court. Nevada only has personal jurisdiction over Jim.

Whether the breach of duty has caused the plaintiff’s injury is the third element of negligence. Requirements for causation are causation in fact and proximate cause. Causation in fact is determined by the “but for” test, which means if it was not for the defendant’s breach of duty, harm or injury would not have occurred. Proximate cause is when the connection between the action (breach of duty) and the injury is strong enough to impose liability. Another issue that needs to be considered is foreseeability because the defendant’s action must have created a foreseeable risk of injury. In this case, the crew of Titanic was navigating the ship during the night at high rate of speed in water with

A jury recently reached its decision in a case that involved allegations of surgery-related negligence. The case was the 2nd largest medical malpractice verdict in Pennsylvania history. The case was against William Norwood, the world famous cardiothoracic heart surgeon, who performed an unauthorized surgical procedure on Stephen Gault, leaving him severely brain damaged and in permanent need of long-term care. Stephen had a small narrowing in the aorta, "the blood vessel that leaves the heart and goes to all organs of the body." This condition is known as a "Coarctation of the Aorta" and it required a simple operation through the rib cage to correct it. He also had a small hole in his heart which was closing on it own and the his doctor reported

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).

“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

If you’re in search of high-quality legal counsel, The Law Offices of Katzman, Logan, Halper and Bennett, LPA is more than prepared to help you. The attorneys on staff at this Cincinnati-based law office have the experience and skillset necessary to address a wide variety of legal issues. Whether you need assistance with a family matter or have a medical malpractice case you have questions about, the skilled lawyers can address all of your legal needs and concerns.

Everyone has heard of malpractice lawsuits for negligence on the part of a doctor, hospital or medical staff, but the problem is knowing when this has happened to you or a loved one. Unless you went to medical school, you will have no idea if there has been any act of negligence. However, an attorney with experience in the filed of malpractice can help you understand whether or not you have a case. The following are three situations in which you should consult with an attorney about your treatment.

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)

Examples of the first type of liability (Hospital liability for the negligence of its employees) would be physicians misdiagnosing, and mistakes in prescribing or administering medications to patients. A similar case has happened in Miami, Florida in 2011 at North Shore Medical center. An eighty-year old patient with kidney disease was admitted into the intensive care unit after complaining of stomach aches after a dialysis session. The doctor then prescribed the patient an antacid medication to be administered by the nurse. The nurse mistakenly administered a paralytic drug called Pancuronium, which doubles as a medication used for lethal injections when given in higher doses. The patient then goes into cardiac arrest and dies.

Medical malpractice is a subject that makes it into the courtrooms approximately 20,000 times per year. Malpractice is a subdivision of personal injury, which is a field of law that protects victims of neglect. Unlike other personal injury types, medical malpractice involves the field of medicine. A case can involve any person who works in the medical field from the receptionist to the surgeon. All workers in the field are obligated to perform tasks that protect the safety and health of their patients. Malpractice occurs when a member fails to live up to the oath.

Malpractice and liability are touchy topics when they relate to the profession of social work. “Ignorance” and “good intentions” are no longer acceptable excuses whenever a social worker makes a serious mistake within their practice. Practitioners are required to seek out knowledge in order to prevent malpractice suits and unethical behavior (Dolgoff et. al, 2012). One of the biggest causes of malpractice suits when dealing with technology is confidentiality breaches. It is easier to break confidentiality when you are using systems that are not always 100 percent secure and private. Reamer (2013) mentions that social workers must be knowledgeable on all forms of digital media that use in their practice. Many malpractice suits could have been prevented if the worker had more knowledge on the issue involved. An issue can be unethical, but legal and vice versa (Dolgoff et. al, 2012). For example, not properly maintaining records is not considered a crime, but is unethical within the social work profession. Another example would be a worker refusing to send a child back to a home where the child is being sexually assaulted after the court made the order to do so. I would not see this as unethical because the worker is advocating for the safety of the child, but it would be viewed as a crime in the eyes of society

Medical Negligence is one of a civil action that take against medical professionals by the injured party. In brief, medical negligence is a medical malpractice that by act carried out or omission by a medical practitioner or health care provider in which the treatment provided is below reasonable or required standard of care or practice in the boundary of medical professional and caused harm or injury to the victim. As a doctor or medical professional whom specialize in a medical skills and knowledge are bound to exercise their duty in a professional way. Therefore, they are bounded to carry out higher level or standard of duty of care towards their patients. Failure to do so might be charge under medical negligence.