The Verdict: A Medical Malpractice Case

A nurse attending stated “during the morning’s second surgery, he actually dozed off. The nurse took him aside and recommended that he take a break, but he refused and returned to the operation.” The nurse here was in fault in more ways than one. This nurse should never allowed the doctor return back to operate on the patient, he should have been removed from the operating room immediately. The nurse should have

“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

He claimed that a new shift system had caused at least one death and one unnecessary operation taking place, and said that he and a small number of consultants were overworked and patient safety and continuity of care were compromised. The claimant had told the Manchester hearing he raised his concerns about the new ‘Consultant of the Day’ system with the trust clinical director Mr Watson and then the trust medical director Mrs Schram; however, he was reprimanded and told not to voice concerns again. The consultant said he was then investigated over a series of ‘malicious, vexatious and frivolous’ allegations and ‘imaginary deaths and complications had been conjured up’ to create a case against him. He believed that the investigation and the process from the beginning was about punishment for raising his clinical concerns, and he argued that the investigation did not examining the veracity’ of the allegations against

An experienced nurse Julie Thao was taking care of 16-yeas old Jasmine Gant who was about t give a birth. Thao is accused of making a mistake that had terrible and tragic result on the life of a pregnant teenage, unborn child, Gant’s family, health care, and Thao’s life. Thao mistakenly gave Gant an epidural anesthetic intravenously instead of an IV antibiotic for a strep infection. Within minutes of receiving the epidural IV, Gant suffered seizures and died. Her child, a boy, was delivered by emergency Caesarean section and survived. So what caused this tragedy to happen? According to investigation, Thao improperly removed the epidural bag from a locked storage system without authorization, she did not scan the bar code, which would have told

This duty was then breached. Either care was not administered, or it was ministered improperly. The quality of the care is established through the testimony of expert testimony from other doctors.

The case study of Crowe v. Provost, 374 S. W. 2d. 645 (Tenn. 1963), was a highly-anticipated court case for the 1960’s. The following list pertaining to the example of what went wrong and by whom. The first patient appointment opens a file with the patient’s basic information and any allergies including medication(s). This would typically be done with the receptionist. If this was not the doctor’s first time seeing this patient, then the physician should have checked the chart to see if there were any allergies to anything including medication, such as, Penicillin and Cosa-Terrabon. Referring to the Crowe vs. Provost, the child was then rushed back into the doctor’s office with worsening symptoms, the nurse should have listened to the mother. The nurse, could have instructed the mother to take the worsening child to the nearest Emergency Department. The nurse advising the doctor, “That she thought the child was about the same as when the physician saw him earlier in the day” (Flight, M., 2011, page 5-6) was not a good idea. The doctor could have been brought in for an examination of the ailing patient. The receptionist returning from her lunch should not have been a signal for the nurse to leave for any reason with the patient getting worse. Again, the patient and mother should have been instructed to go to the nearest emergency room. The receptionist should not have been left alone with an ailing patient. Mistakenly, the receptionist calling the doctor first and

I believe that the hospital should take the blame for the damages and suffering that Kelly Niles endured. This decision reflects the quality of care that Niles received while he was at the hospital and also correlates to his physical status. The neurosurgeons stated that his status would have been better if they got to him sooner and were able to treat him in time, but due to the negligence throughout his whole treatment he is left with the ability to only move his eyes and neck. The fact that there was doubt that Kelly would survive the next few days after his surgery supports my decision that what the court ruled was reasonable and appropriate. Kelly “remained in a coma for 46 days before gradually regaining consciousness.” Kelly is totally disabled and his condition can’t ever be improved with medical attention or surgical treatments which furthers my final decision (“Niles v. City of San Rafael,”

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

With regard to Ms. Green’s claims against O’Brien, it is apparent that Ms. Green was O’Brien’s client, and that O’Brien owed Ms. Green a duty. Should this case proceed to trial we do not anticipate that we would argue to a jury that O’Brien did not neglect this duty. Rather, there are serious questions as to whether “the negligence resulted in and was the proximate cause of loss to the client.” Kendall v. Rogers, 181 Md. 606, 611-12 (1943). Indeed, the estate will have to demonstrate that Ms. Green would have prevailed in proving that one or both health care provider defendants committed medical negligence that caused her to fall into the diabetic coma.

Confused by a repeating dream, Joseph Benson wakes up and realizes the wrong leg was amputated. Even under the best of circumstances, mishaps such as this one do occur as a result of negligence and cause unnecessary duress to patients. This paper will discuss the difference between negligence, gross negligence, and malpractice. I will present my opinion of the article “Amputation Mishap; Negligence” from the Neighborhood newspaper. I will also discuss the importance of documentation as it relates to ethical and legal requirements, and the ethical principles that would guide my practice as a nurse in

In April 2012, Mr. Hammett’s death was ruled to be human errors that individually would have been unlikely to harm him but proved collectively to be fatal. Mr. Hammett surgery was at at private hospital that did not have any after hours medical cover. During the procedure his oxygen saturation levels were almost perfect, maintaining it at 99%. Somehow during or after being transferred to Post Anaesthetic Care Unit (PACU) his oxygen saturation levels fell to 64%. The anaesthetist assumed that it was caused by an obstructed airway and discharged the patient to the ward; he did not look for anything further to be wrong with the patient. Mr. Hammett complained continously to the RN of high levels of pain; the RN ignored him and referred to him as a “wimp” when switching shifts. Although Mr. Hammett was on a Gemstar pump, which recorded him pressing

“The definition of a health professional is a person who works to protect and improve people’s health by the diagnosis and treatment of illness to bring about a complete recovery from mental, physical and social perspectives, either directly or indirectly (Kurban, 2010, pg. 760).” Nurses in the community today have acquired an increasing responsibility to intervene with medical decisions. In the past, there were clear differences between nurses and doctors. It was more common for a nurse to be supervised directly under the physician. They are not just performing Doctor’s orders anymore. The nurse role in patient care has been widely expanded. Allegations against someone can be one of the most stressful moments of their careers. Negligence

Over the years, the healthcare industry has undergone through an exponential growth despite the tremendous market pressure. Tenet Healthcare Corporation is among the many organizations that the struggle for a position in the healthcare industry (Klaidman, 2010). However, this struggle has contributed to a series of legal and ethical scandals that have largely changed the reputation of the company. Based on theoretical and practical explanations, this paper seeks to critically analyze one of the most recent scandal involving doctors at Tenet Healthcare who carried out unnecessary heart surgeries on patients.

It wasn’t until the second month of my job that I realized that I needed God more than ever in my life. By that time I had worked with three different supervisors (un-named, of course) that had covertly learned to master the deceptive art of concealing medical malpractices, medication errors, and other incidents that could have been easily been avoided. Although I cannot say with 100% certainty that any of these events ever resulted in a patient’s death or permanent damage; however, I will say that there have been countless times during that brief period that I have sat in my track, alone and scared, not sure what was going to happen. Plagued with overwhelming fear and guilt of knowing these internal secrets, I faced an extreme ethical dilemma, not knowing if I should report these kinds of incidents or not. With tears gently streaming down my face, I prayed to the lord and cried out for the lord to save me and to guide me in the right direction. Although, as an volunteer, I was never the person who was directly involved in any of these unfortunate events, but I still couldn’t help but feel just as guilty just knowing the cold hard truth that was being swept under the rug. I believe in honesty, dignity, and doing what is right, and I firmly believe that the patients and their loved ones have the right to know the truth, even if it makes our hospital appear to be negligent.

I think you made some great points in your discussion. When it comes to who is at fault for this patients injuries and suffering I am at a stand still as well. I want to blame the surgeon because he or she didn’t catch the mistake, but the nurse on the postpartum unit is at some fault as well. Since the nurse didn’t chart what occurred with the patient we really have no clue what actually happened. It has been drilled into our minds that charting is so important. In my opinion, I feel like the nurse most likely was overwhelmed with the patients situation and lost track of time and what took place. “Courts expect nurses and health care providers to use their professional judgment before merely following written policy and procedures” (Guido,