LIABILITY
The liability of the person committing the wrong can be of three types depending on the harm or the injury suffered by the injured person they are
1. Civil Liability- civil liability usually involves the awarding of damages suffered in the form of compensation. If there is any breach of duty of care while operating or while the patient is under the supervision of the hospital or the medical professional they are held to be vicariously liable for such wrong committed. And are liable to pay damages in the form of compensation. At times the senior doctors are even held vicariously liable for the wrongs committed by the junior doctors. If someone is an employee of a hospital, the hospital is responsible (liable) if that employee hurts
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Criminal Liability- there may be an occasion when the patient has died after the treatment and criminal case is filed under Section 304A of the Indian Penal Code for allegedly causing death by rash or negligent act. According to S. 304A of the IPC, whoever causes the death of any person by a rash or negligent act not amounting to culpable homicide shall be punished by imprisonment for up to two years, or by fine, or both . Hospitals can be charged with negligence for transmission of infection including HIV etc. if any patient develops such infection during the course of treatment in the hospital and it is proved that the same has occurred on account of lapse on part of the hospital then the hospital can be held liable for lack of reasonable duty to care. My very own grandmother passed away due to the negligence of the doctors. Due to the carelessness of the doctor that he was in so hurry to rush for his next operation that he forgot to sterilize the equipments and as a result there was this transmission of some infection into her blood which infected her entire system and ultimately resulted in her …show more content…
It is expected that medical practitioners should abide by these code of medical ethics; it is an obligation on the part of medical practitioner to fulfill certain rights and expectations of the patients. But there is fast spreading professional misconduct amongst the medical practitioners. The unethical practice has gone to a level where the basic purpose of medical profession i.e. service to humanity fails such type of unethical practice has led to deterioration of this profession, which was once considered as a noble profession. Commercialization is the new boom in the society, honest professions are also part of this commercialization be it teaching, medical, law etc. No professional cares about of ethics or etiquette, the main objective of every professional is to derive maximum profit on the cost of the
They each are liable for nursing negligence in a civil court. Because they breached the standards of care by failing to render the degree of care, skill, and judgment exercised by a prudent nurse under the same circumstances (Westrick, 2014). Jeffery Chambers, RN had an established duty to care for Yolanda Pinnelas and breached the standard of care as he was the primary nurse assigned to the patient. Diana Smith, RN mentioned to Jeffery Chambers, RN that Yolanda Pinnelas IV infusion was beeping. However, he did not take the time to check the nature of the problem.
When applying this concept to a workplace scenario, you notice that an employer is the one who is entitled to any liabilities due to improper doings or negligence of duty doe by the employees. However, it is important to understand that vicarious liability can only be effective if it can be proven that the underlying liabilities were caused by actions within the course of employment operations (Giliker, 2011). For example, in Johnson v. Cornejo, Johnson sued Cornejo and Keep On Trucking Company (KNOT) for injuries caused due to a collision between a trailer truck and two passenger vehicles. Both Cornejo and KNOT were held responsible for vicarious liability since the multiple damages caused to the plaintiff occurred under the scope of employment (Johnson v. Cornejo, 2012). Similar to Diaz v. Carcamo, the Sugar Transport will be accountable for vicarious liability for the damages caused by Carcamo occurred within the scope of employment duty (Diaz v. Carcamo, 2010).
IN THE HEALTH CARE ALTERNATIVE RESOLUTION OFFICE OF FLORIDA NORTHCHASE NORTH PARCEL 45 COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, Claimant, -vs- LINDSEY RICHMOND, SPTC 480 Central Region Road Suit B-3 Fort Myers, FL 32666 Defendant Healthcare Provider __________________________________ FACTS 1. The claimant is a resident of the State of Florida and all services were given to her by the Defendant in the State of Florida. 2. The Defendant is a Licensed Clinical Professional Counselor that is licensed by the State of Florida and regularly continue engaging in the practice of psychotherapy. Defendant sustains her principle office at 480 Central Region Road, Suite B-3, Fort Myers, Florida 32666.
Medical professionals are liable for malpractice and could face consequences such as a lawsuit against them or being fired. These errors can be minimized by being more
If the patient were to die during surgery or procedures, the physicians would not be held accountable if the patient signs the consent form stating they were aware of the risks to their care. It’s important for the patient to ask any questions if they are confused on any information that was given to them. Even though, if the patient is diagnosed with a life-threatening disease or infection they have the right to refuse from signing the consent form. Since the patient is legally competent to make their own decisions that regard their health, they can still disregard any treatments that are being done to them. In most cases, doctors that perform experiments on the patient without their knowledge and without their consent is known as unethical human experiment.
Name That Liability The name of the responsibility is negligence due to falls of patients in intensive care unit. The liability may occur due to the medical staff that forget to put the brakes on the beds, put in a low position, the call light within reach and personnel items easily reach to every patient. These falls can bring a lot of injuries to patients and fractures (loss of continuity of bone tissue. It ranges from a small crack to total bone fracture displacement of the two ends of the bone fracture), trauma to the skull and face (injuries to the skull and face are especially important, since the intensity of the shock can affect the central nervous system (CNS), located within the cranial cavity), trauma to the extremities (as a result
Should the Not Criminally Responsible Law Remain in Canada? As of 1992, the Canadian Criminal Justice system introduced a new Law to its Criminal Code. NCR stands for “Not Criminally Responsible.” It is defined in section 16 of the Criminal Code."
Specifically, the Code states: “In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician or health care provider to disclose or adequately to disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold
The Doctrine of Force Majeure protects the healthcare staff from those clients and family that will blame them for not saving their life or their patient’s life. They need to understand that they cannot save everyone in time of disasters and they will not be held liable if they can save every patient in their
If an employee harms someone who is hired by "negligent hiring", which is when an employer doesn't take careful consideration into who he is hiring, or by "negligent retention", which is when an employer keeps a dangerous employee, then the employer is held liable for that
Introduction Professionalism and ethics have been in play for a much longer time in healthcare than in any other industry. Runciman and Walton (2007) critically state that when patients come into a healthcare institution, they enter a unique social relationship. In essence they feel completely vulnerable and care should be taken to ensure that they are more confident within the relationship. They are expected to share and expose themselves in the most intimate way making this relationship the most vital for their own physical, emotional and social health. The importance of professional ethics in healthcare can be found in the Hippocratic Oath and other oaths administered by various medical schools.
The practice of health care includes many scenarios that have to do with making adequate decisions when it comes to a patient’s life, and the way they are treated. Having an ethical code in all health care organizations is very important, because it helps health care workers with reaching a suited and ethical decision when it comes to the patient. In health care, patient will always be put first, and their autonomy will always be respected. Nevertheless, when there is a situation where a patient might be in harm, or might be making their condition worse because of the decisions they made. Health care workers will always be there to
Respecting patients’ choices: my understanding about professionalism “From research to clinic, and apply research on clinic” could summarize the unconventional career path that I would like to adapt throughout my life as a prospective physician. Devoting my career to the well-being of women, especially women in need before and during pregnancy, is my ultimate goal and the powerful motivation that encourages me to step into the medical field. Before I was admitted to AUC as a medical student, I have been working as a scientist and researcher in the field of reproductive medicine for nearly 10 years. During my Ph.D. and postdoctoral training, I systematically studied the development of maternal-fetal interface during healthy pregnancy as well as the pathophysiology of several infertility-related diseases such as endometriosis and ectopic pregnancy.
Severe outcomes can be result to medication errors including disability, paralysis and death. These errors may also have impact on the family members of the victim as they know that the danger facing the victim could have been avoided if the care givers could have been more careful. These errors can be prevented by careful changes in operational systems in the hospital. Hospital managers can harmonize their systems and summon their workers to be more careful when handling the patients. With prevention of these errors, patients would spend little time in hospitals, with fast healing process with prevention of health status
Introduction Negligence covers different forms of behaviour and rights in today’s society. The general principle of negligence guarding today’s society is such that a person should not harm people to whom he/she owes a duty of care. Furthermore, the failure to act reasonable is considered to be negligence. A level of care that a reasonable man under the same circumstance would have exercised a better level of care to whom he or she owes the legal duty too.