The Definitions Of Malpractice And Malpractice

Another basic requirement of a medical malpractice claim is whether or not the doctor's negligence caused the injury. Many malpractice cases involve patients that were already

Contrary to the alleged, Dr. Brock refuted the claim, defending that he never established a doctor-patient relationship with Anita, which relieves him of liability. In order to validate his refute, Dr. Brock provided four factual elements that were supported by his counterparts; Dr. Whitfield and Dr. Ketcham. The four elements that were presented in the affidavit included: (1) That there has never been a doctor-patient relationship between Dr. Brock and Anita Oliver, (2) Dr. Brock has never seen or talked to Anita or Cathy Oliver, (3) Dr. Brock was not employed, engaged or requested to serve as a consultant to treat Anita, (4) and Dr. Brock was not employed or engaged to consult with doctors treating Anita, concerning complaints or medical problems. In order to support Dr. Brock’s refute, Dr. Whitfield and Dr. Ketcham provided affidavit’s as

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.

For a plaintiff to triumph a claim of medical malpractice for negligence, four elements must be established. The first element is proving the defendant owed a duty of care to the plaintiff. The second is to show that the defendant breached the duty to the plaintiff. The third is to show that the plaintiff was harmed and experienced damages. Finally, the fourth is to show that the plaintiff was harmed by the actions of the defendant (Greenberg, 2009).

Malpractice is the failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. Though accountants, lawyers, and other professionals can be charged with malpractice, the term is most commonly associated with medical professionals (e.g., doctors, nurses, hospital technicians.) Liability in malpractice depends on whether "a physician meets a legally required standard of care" (Greenberg 2011). Most medical malpractice suits are for negligence on the part of medical professionals in providing this expected level of care. In recent decades, partially as a consequence of medical costs, there has been a considerable expansion of medical malpractice suits, though the number of malpractice claims represents only a small percentage (about 3%) of all cases of actual negligence. State tort provisions do "influence litigation risk and malpractice insurance is used to mitigate this risk" (Linville 2011).

Describe the 6 essential elements of malpractice substantiated or not substantiated in the case. 20 points

This will help in ensuring that the healthcare organization operates in accordance with state requirements and regulations in healthcare service delivery. There are two legal facts associated with this case that the healthcare administrator should be aware of. They include the violation of the standards of care, and informed consent. Before any treatment can be administered to the patient, the ethical and legal standards require the patient to give informed consent. In the case where the patient is incapable of giving informed consent, n authorized decision maker, such as a family member may do so on their behalf.

Malpractice actions are different from state to state, but I don’t think it’s consistent with the public’s generally held beliefs about malpractice because people want physicians to be liable for damages and

If you have been misdiagnosed and suffered injuries as a result of that diagnoses, then you need to take your claim to a skilled attorney who specializes in medical malpractice claims. The steps to take in proving the doctor misdiagnosed with neglect for proper care include a thorough review of all the appointments and the doctor’s records. There must be evidence that the physician diagnosed in haste, overlooked specific evidence to the contrary, or failed to

This assignment will consist of discussing and identifying issues that directly impact on the professional practice of nursing with the concept of consent. During my nursing placement, I witnessed consent occurring on a day-to-day basis. “A fundamental principle underlying ethical practice is ‘informed consent.’” (Dobson, 2008) Such as the consent to treatment is fundamental, as all healthcare professionals have a responsibility to ensure that they gain consent prior to proceeding with any care or treatment. The principle of consent is an imperative part of medical ethics and the international human rights law. Consent needs to be valid, therefore it must be voluntary and informed, with this the individual giving consent must have the capacity to make the decision. Healthcare professionals needs to provide all the necessary information in relation to the terms of what the treatment involves, which includes the benefits, risks and if there are any other valid alternative treatments and what will happen if treatment does not proceed. Informed consent applies when a person can be said to have given consent based on a clear appreciation and understanding of the facts, and the implications and consequences of an action.

In Massachusetts, a plaintiff’s offer of proof for medical malpractice must contains more than mere conclusory allegations and meet the Little directed verdict standard for medical malpractice to be established. Honey whose intestines got perforated after a colonoscopy, didn’t received a blood thinner to prevent pulmonary embolism that she died of. Also, the result of X-rays performed prior her death only came out after she died. Is a breakdown in the medical treatment received by Honey sufficient evidence to establish medical malpractice?

Expert witnesses play a unique role in medical malpractice lawsuits. Many of the issues debated in these cases, such as whether a surgery was performed correctly, are too complex for juries and judges to understand on their own.

In order to prevent injuries that come as a result of medical malpractice, we must understand how negligence/malpractice happens in the first place – through medical errors. When we are healthy we don’t generally pursue medical attention on regular basis. Patients do not usually visit their doctor’s office until they are sick or have injury. From my experience, most times when patient’s health gets worse, sometimes it’s difficult to recognize whether it was because of the current circumstance or because of mistakes or medical error in the treatment offered.

Nurses should be aware that their negligence causes very bad effects on patients and should be anxious about medical malpractice because nurses are held answerable for their own negligence and could find themselves being charged for malpractice. (Elis, 2012).

In this case the four elements were clearly neglected by the nurse. Duty, dereliction, direct course, and damages had to be present in order for the patient to sue the nurse. The patient suffered injuries due to a procedure that was administered by the nurse. The process also caused other injuries to the patient. This gave the patient the burden of proof she needed to prevail in her lawsuit.