The Effects Of The Issues With Malpractice Essay

“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

Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.

The NMC (2015) are the providers of the Nursing Code of Conduct. The code contains the professional standards to which all nurses must uphold, allowing for accountability of patients that come into their care. As well as the code of conduct, all nursing professionals have a responsibility to develop their knowledge in relation to law within clinical practice, and furthermore, ethical frameworks that are linked to judgment and decision making when providing care (Savage & Moore, 2006). In light of this, the overall aim of this essay is to elaborate on issues surrounding law and ethics in nursing. To do so, a case study has been chosen from a previous clinical experience. The focus of the case study will be on the decision of withdrawal from life sustaining treatment. Emphasis will be largely on the law and ethics concerning the issue of withdrawal from treatment. Moreover, the ethics and law involved in the palliative/advanced end of life care planning and decision making. In order to protect the identity and uphold the confidentiality of the case study, a pseudonym will be used throughout. Hendrick (2005) portrays confidentiality as being ‘one of the most important and well established moral obligations of health-care ethics’.

Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to

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.

Sule stated that, “The Patient Bill of Right adopted by American Hospitals Association states that ‘a patient possesses the right to be informed of the medical consequences of his or her actions and decisions and refuse treatment to the extent permitted by the law’. However, this is true only if the patient is in position to understand the consequences of his treatment. Incompetent, senile patients neither have the correct judgment regarding which treatment is appropriate for them, nor are they in a state of understanding the implications of their treatment. In such case, their willingness to grant or deny consent cannot dictate the course of treatment.” Problem with the Act is being able to find that the patient component enough to make such a call. Another issue that Sule stated was on confidentiality and autonomy. According to Sule, “This is another ethical issue erupting from the conflict of patient's rights and professional ethics in nursing job and profession. The Patient Bill of Right makes it mandatory for the medical practitioners to reveal the form and extent of the ailment along with the course of treatment to be undertaken by the practitioners. However, this law of autonomy clashes with the nursing ethic that the professional should maintain high degree of confidentiality regarding the patient's health and treatment.” This can cause conflicting issues in the NP’s

The medicinal experts on staff for the 12 hours that the patient was in painful distress while she was being drowned by the feeding solution, neglected to perceive that she was in trouble until it was past the point of no return. While this is obviously a blatant case of medicinal negligence, not all medical malpractice cases are quite so obvious, and not every single medical procedure with a troublesome result can be viewed as medical malpractice negligence. The essential prerequisite for medical malpractice is that the doctor or other medical expert has breached the acknowledged standard of care for their specialty in their geographic area, and that the breach caused harm to the patient. Doctors, as human beings, commit errors consistently, yet in the event that their mistake does not bring about injury or harm to the patient, there are no grounds for lawful

Life in the emergency room is can be fast paced, with decisions made by healthcare professionals who need to consider the basic ethical principles of non-maleficence, beneficence, autonomy and justice. These principles are resources designed and intended to provide a comprehensive understanding, guidance and rules of conduct to ensure an ethical and legal decision is made, regardless of the medical staffs subjective view of what is right and wrong (Tong, 2007, p. 7)

In this case, the accident is the proximate cause of Mrs. Smith’s injuries and the medical providers are the intervening cause, as their breach of duty exacerbated Mrs. Smith’s injury to the point of permanent disability and disfigurement.

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)

This can be read as a key ethical question to many healthcare case studies because of the errors and situations that occur. One of the explanations for this occurrence may be the overwhelming workload, chaotic environment and lack of individual attention prescribed to each patient. These issues can cause a disruption to the ethical principle of Beneficence. The principle of Beneficence calls to action the act of helping others and having compassion for the patients. This principle can be threatened when a doctor or caretaker is overworked and unable to effectively manage the series of patients and work they are assigned to take on. I believe that the admitting doctor did not initially catch the error of not calling for the specific drug need because he was more focused on getting Mr. Londborg stable and on the medication to treat his initial and present condition before worrying about the preventative medication. In addition, the doctor was so focused on helping everyone all at once that he was blind to the small details and loose ends that needed to be taken care

Everyday, healthcare professionals are faced with ethical dilemmas in their workplace. These ethical dilemmas need to be addressed in order to provide the best care for the patient. Healthcare professionals have to weigh their own personal beliefs, professional beliefs, ethical understandings, and several other factors to decide what the best care for their patient might be. This is illustrated in Mrs. Smith’s case. Mrs. Smith is an 85 year old who has suffered from a large stroke that extends to both of her brains hemispheres which has left her unconscious. She only has some brain stem reflexes and requires a ventilator for support. She is unable to communicate how she wishes to proceed with her healthcare. Mrs. Smith’s children, Sara and Frank have different views regarding their mother’s plan of care. The decision that needs to be made is whether to prolong Mrs. Smith’s life, as Sara would like to do, or stop all treatments and care, as Frank feels his mother would want. In the healthcare field, there are situations similar to this case that happen daily where moral and ethical judgment is necessary to guide the decision that would be best for the patient. The purpose of this paper is to explore and discuss, compare and contrast the personal and professional values, ethical principles, and legal issues regarding Mrs. Smith’s quality of life and further plan of care.

Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). Ultimately, the practitioner must be able to rationalise any decision they have made (Morrison, 2009). With this in mind, the following assignment will draw upon an ethical dilemma and explore how theoretical perspectives can be utilised within the decision making process. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. To facilitate this discussion, I will identify a scenario from practice that

     Imagine yourself lying on an operating table, motionless, quiet. Above, you notice people standing over you. You try to speak but the words just cannot come out. Your arms feel as if they are plastered to the table. You begin to stand up but feel as if weights are strapped to your back and you are bound to the table. Suddenly you feel a sharp pain in your midsection. In and out, you see a surgeon slicing your body open with a scalpel. Every motion the masked person makes is as if you are being torn apart from the inside out. One would hope this would simply be a nightmare and they will wake up and everything will be fine. In this instance, this person will

There are four basic ethical and bioethical principles that have a strong influence in the practice of medicine, predominantly medicine that deals with those who are dying. The first is beneficence, which directs the physician and health care worker to take positive actions, specifically by restoring health and relieving suffering (Bongard et al., 2008). Then there is nonmaleficence. Goldman and Schafer (2012) add that nonmaleficence is the idea that people should not be harmed or injured knowingly. The third ethical principle is autonomy,