Problem Of Clapham Omnibus

Every one of us has relied on a medical professional at least a few times in our lives. When we get seriously ill, or suffer a serious injury, we put our health in the hands of doctors, nurses, and pharmacists, fully expecting to be treated with a certain degree of professionalism and safety. Unfortunately, sometimes the expected care is not given, or not given to the extent which the ailment requires. In these situations, we can feel blindsided, confused, even taken advantage of.

"Johns Hopkins patient safety experts have calculated that more than 250,000 deaths per year are due to medical error…" (John Hopkins Medicine). This soaring number has caused medical errors to become the third leading cause of death in the United States. For many people, medicine seems foreign and unknown. People who have lost loved ones due to medical error desperately look for a reason, and many times that blame falls upon doctors. Media has put a negative connotation on doctors as well, causing their reputation to plummet whenever a hospital procedure turns badly. A renown surgeon and author, Atul Gawande, uses his knowledge and experience to give people a new perspective on medicine. In the article "When Doctors Make Mistakes," Gawande uses rhetorical appeals: ethos, pathos, and logos to prove the need for a change in the medical systems and procedures. He analyzes how the public looks at doctors, giving a new perspective to enlighten the reader that even the best doctors can make mistakes.

The court deciphering between criminal negligence and recklessness. Criminal negligence being a person failing to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

With the statement, “warmth, sympathy, and understanding may outweigh the surgeon 's knife or the chemist 's drug” physicians are given the responsibility to step down from their systematic ways of scientific thinking and make decisions on the level of human kind. The modern oath also provides for the necessary address of issues in liability in relation with a physicians judgment. This is predominately done by promoting the uniting of colleagues and defending a physicians right to be unsure in a world of so many unknowns. This acceptance and appreciation is essential for fostering a comradely among physicians that challenges each to think independently, dispute their own peers and still be conducive of making advancements.

Lisa Belkin is a women of her words. Ms. Belkin crammed all feelings imaginable into one book. Just as things seemed to be looking up for the patients involved she threw in a twist just within the next statement. This book is an emotional rollercoaster on all levels, but it was an abundant read. Lisa Belkin’s book is full of ethical dilemmas, provocative insights, indescribable doctor-patient/doctor-coworker relationships, and further more. “First, do no harm” is a principal in medical ethics its self. Medical staff are supposed to abide by the 4 principles of medical ethics, autonomy, beneficence, justice, and non-maleficence. Non-maleficence within its self means do no harm (which is the title of the book). The content of this book is based

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

Presence of a Duty of care: Physicians have a responsibility to treat people in a medically- appropriate manner.

The fear of medical malpractice lawsuits is an issue faced by all who practice medicine. To avoid public criticism by colleagues or the public from their profession and sometimes lose their ability to practice, physicians, and doctors feel forced to follow published standards of care. These treatments often include prescribing medications made to treat

Physicians must treat their patients compassionately, listen to their concerns, and act with a good bedside manner.

In this essay “When Doctors Make Mistakes” Atul Gawande (1999) talks about the day when he made a mistake as a doctor. He writes everything that he did step by step to show what he did wrong. He talks about how tried to open her airway and couldn’t so he had attending come help him. He also talks about the patient barely surviving and how the attending had to tell the family that the patient was alive but in a critical condition. He then goes on and talks about other mistakes physicians have made but admits that “all doctors make terrible mistakes” (p.385).

What is negligence? In many states, the term is reserved for malpractice claims against doctors, lawyers, architects and accountants: The concept of professional negligence applies to other professionals such as nurses. As a practical matter, although, this is often a meaningless distinction because malpractice and negligence lawsuits generally contain the same elements and carry the same potential for serious legal penalties. (Calfee, 2010, pg. 34)

Students go through four years of medical schools and countless years of residency just to learn and practice medicine and its connection with humanities. Once they are done with rigorous training, they believe that they, themselves, know everything and that every patient will leave the hospital or clinic cured, treated, and happy. However, that is not the case. No matter how one does on their med school boards, physicians are prone to mistakes. Physicians have encountered at least one mistake during their career. Different people have different perspectives concerning errors in the medicine field. Atul Gawande’s “Complications: A Surgeon’s Note on an Imperfect Science” and Dr. Goldman’s TED Talk emphasize errors in a hospital or clinical setting.

There are many health professionals out there who do help patients out, but some professionals like doctors don’t know to treat their patients or how to make patients at easy if something goes wrong. The doctors should have a lot of confident, experience, and treat patients with easy. According to “Wedmed” “Doctors traits should be Confident, empathetic, humane, personal, forthright, respectful, and thorough” (2006). The reason is because patients shouldn’t feel like they are patient of some type of game to that they don’t get better. If they don’t want to treat patients and their families right maybe they should not be part of the this type of professional because it does take a lot of schooling and a lot of time form this type of work. There

The physician–patient relationship is the quintessential fiduciary relationship because of the vast disparity in knowledge about disease and treatment between the clinician and the typical lay patient. The consequence of this disparity is that the physician has a moral (and ultimately a legal) responsibility to utilize that manifestly superior knowledge exclusively for the benefit of the patient. (Rich, 2005, p. 393)

Imagine you are injured or sick and have sought a doctor’s help. Although you trusted your doctor, something, something seemingly very in control of the doctor, went wrong. You are angry and confused, but also think of the commonality of medical malpractice. So, why do doctors, who are supposed to help, harm? Though many flaws influence it, malpractice can be, and often is unintentional. Most doctors aren’t trained to harm their patients. Inexperience and lack of medical discovery led to unintentional suffering of the patient. Personal flaws, like lack of willingness to abandon previous medical methods and shortcomings in communication also harm patients. Further reasons why doctors harm are socio-medical understandings that breed hate, prejudices stemming from a society’s belief about certain people, such as the medical practice under the Nazi regime. Additionally, displayed in the case of Ignác Semmelweis, judgement of one to oneself can be detrimental to any progress one’s ideas could make. We will examine these concepts through Jerome Groopman’s “Flesh-and-Blood Decision Making”, Sherwin Nuland’s The Doctors’ Plague and Barbara Bachrach’s “In the Name of Public Health”. Those who practice medicine are, unfortunately, unfree from the imperfections that plague all of humanity. Through these intimate and varied faults, doctors do harm.