Clinical Negligence In Medical Practice

Doctors refer the patient for unnecessary diagnoses test and inappropriate procedures which create more health problems and unnecessary visit which create more cost. Since the unnecessary diagnostic tests use radiation

For instance, a physician might argue that the injuries were not the result of their medical care and that their care followed their medical professional standards. Alongside challenging the element of negligence, physicians might try to prove that the injuries the plaintiff endured were a result of their own negligence ("Defenses to Medical Malpractice", n.d.). For example, the injuries a patient receives can occur if they do not inform their physician their entire medical history. As a result, they can be prescribed medications or treatments that can cause adverse reactions or injury. This is especially true in instances where physicians may try unconventional forms of treatment to care for their

Recognize the background: the key of this step is to understand the medical issues involved. The medical issue in the Paradise Hill Medical Center (PHMC) was that 22 oncology patients received excessive doses of radiation therapy. The patients have not been informed yet that they received and overdose of radiation. The CEO alleged that it was the responsibility of the medical staff to inform the affected patients, and the medical team decided not to inform them about the error.

In many cases of negligence bad practice takes in place that are intentional for someone’s financial gain, but in other cases it could be the lack of communication. Many patients face misdiagnosis and treatment from their nurses or doctors and it leads into an unintentional commission. 34- year- old Kim Tutt was healthy and doctors informed her that she had three to six months to live due to jaw cancer. Tutt went ahead with the surgery to get the cancer removed from the left side of her chin to behind her right ear and replaced it with the fibula from her leg. She has children of the ages 10 and 12 years old and wanted to spend as much time that she could in their lives. Her surgery was taken place in July 2000 and in October of 2012 she was

“Medical malpractice claims and lawsuits deal with Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law. Since the 1970s, medical malpractice has been a controversial social issue. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence and of policing the medical profession. A person who alleges negligent medical malpractice must

Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.

However, in the case that a malpractice suit goes to court, victims can only receive compensation from the healthcare professional’s liability insurance if and only if some form of actual medical error was made and if said error has been documented or is physically provable in some way, which can be extremely difficult and perhaps even impossible under certain

Claudia Kalb’s article “ Do No Harm,” published in the October 4, 2010, issue of Society, discuses the healthcare professionals’ defensive behavior that causes the malpractices among patients. Kalb reports that since the Health system’s applied the lawyer Boothman’s program of “ disclosure and compensation,” then the number of lawsuits reduced as well as the legal- defense costs have dropped around 61 percent. In 1999, there were around 100,000 Americans people are killed from the preventable medical errors, noted Kalb. Also, the header of Centers for Medicare and Medicaid Services even claims that there won’t be any refund to the hospitals for preventable medical error cases. According to Kalb, Harvard’s Institute for Professionalism and

The Due to the many medical dysfunctions that happened while Dr. Moe Mathis was in charge, this physician faces a major accusation of medical malpractice. However, when the physician saw the possible mistake he did in identifying Mr. Swensen’s medical condition, he decided to do justice by himself and falsify the medical reports for prostate cancer by doing a second cross-check of the prostate. But, what he did was use the prostate of another patient who indeed had prostate cancer at a similar stage as the initial diagnoses of Howard Swenson. This constitutes Fraud, and conspiracy to commit fraud, which is a major offence and moreover committed by a trusted, and respected medical professional. Additionally, by removing the prostate of a dead patient to use it to change Mr. Swenson’s medical reports, Moe violated a human corpse, and this constitutes desecration of a human body. In addition to this, to confirm his hypothesis that Mr. Swensen died of an insulin shock Dr. Mathis retrieved vitreous humor (serum) from the eyes of the dead patient’s corpse, without the consent of his family, and next of kin. This constitutes another case of desecration of a human body. The greatest accusation that Dr. Mathis faced was that of first-degree murder for the death of Dr. Ray Mosdell. Since, Dr Mosdell helped Mathis cover-up the mistake made in

A doctor can be held liable for negligence only if one can prove that she/ he is guilty of a failure that no doctor with ordinary skills would be guilty of if acting with reasonable care. An error of judgment constitutes negligence only if a reasonably competent professional with the standard skills that the defendant professes to have, and acting with ordinary care, would not have made the same

Primarily, Caring Memorial Hospital will be held liable in this malpractice case under the premise of respondeat superior. “Under respondeat superior an employer is liable for the negligent act or omission of any employee acting within the course and scope of his employment” (Thornton, 2010, para. 2). The risk manager Susan Post, JD and the quality assurance director Amy Green were both aware of the potential for increased risk on the Oncology unit. They had been making observations several months prior to incident that related to deficiencies in staffing and safety standards. Per, ASCO and ONS (2012) new staff are required to demonstrate competency and receive comprehensive chemotherapy education. Jeffery Chambers, RN was

Clinical medicine and science are inherently inseparable entities. Scientific advances and discoveries will perpetually influence any career in the medical profession. This was an idea I learned early on during my undergraduate education. However, my own interest in science spans further than using it as a means to an end. The process of developing theories and conducting experiments enthralls me. I not only strive to apply scientific findings to treat my future patients, but also hope to gain inspiration from my patients to advance scientific knowledge. I believe the ideal way to apply my interests, and to best serve my community, is as a physician-scientist. The MD Anderson 1st Year Medical Student Program would offer me the opportunities

Many people may worry that dental radiographs are not safe, because we all know that radiation exposure can cause cancer, which is the mutation of cells. While cancer caused by radiation is a very valid concern, the amount of radiation a patient would be exposed to during a dental radiograph would usually be too low to pose a health risk depending on the tissues that are to be examined and the size of patient. Subsequently, many techniques are used in the dental office to make sure that patients and employees are protected as much as possible from the risk of radiation exposure.

Only 85,000 out of 225,000 people file a lawsuit against a malpractice (Nilsson, Traumatized). Medical malpractice is the 3rd highest cause of death (hopkinsmedicine.org). Just like a great deal of other things

Negligence is conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm.