4.3 Malpractice as an Ethical Issue
Malpractice of doing the opposite of acting in good faith (Bruhn, s.a.:111). It is defined as the failure through ignorance or negligence, to render proper service, resulting in injury or loss to the client (Bruhn, s.a.:111). Professional negligence consists of departing from usual practice not exercising due care (Bruhn, s.a.:112). Any violations of confidentiality and sexual misconduct have received the greatest attention in the literature as grounds for malpractice suits (Bruhn, s.a.:112). The only violation practitioners are allowed to do is client’s confidentiality under those circumstances mandated by the ethical guidelines or by state law (Bruhn, s.a.:112). Other malpractices that practitioners could be at fault are defamation of character (Anon, 2003:40). Damaging a person’s reputation by making public statements that are both false and malicious is considered defamation of character (Anon, 2003:40). Fraud consists of deceitful practices in depriving or attempting to deprive another of his or her rights (Anon, 2003:40). Health-care practitioners might be accused of fraud
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We recognise that we must not do harm to those we serve or to our research subjects (Association for Applied and Clinical Sociology, 2006:2). We are alert to personal, social, organisational, financial, or political situations or pressures that might lead to the misuse of our influence (Association for Applied and Clinical Sociology, 2006:2). d) As teachers, we recognise our primary obligation to help others acquire knowledge and skill (Association for Applied and Clinical Sociology, 2006:2). We maintain high standards of scholarship and objectivity by presenting information fully and accurately (Association for Applied and Clinical Sociology,
Essay Question 1 The legal relationship between hospitals and physicians is very complicated. In this case with Amityville Hospital and Dr. Spencer. The hospital is being sued by patient’s estate after a settlement is made with doctor for unlawful death damages. When a hospital hires a doctor as a contractor or employee they must meet certain hospital-mandated criteria to give physicians privileges as independent contractors or as employees.
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
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.
It is interesting the different cases that can be presented at a board meeting from practicing without a license to malpractice. It is also hard to be a board member, I would assume, because they get multiple stories and excuses and sometimes it can be hard to determine the best course of action. Take for example a case that was discussed at the September 2015 board meeting. A hygienist received two extensions, one till 02/15/2015 and one till 06/22/2015. This hygienist had also received prior extensions in the past.
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
This court case is based off the legal concept of Negligence. Negligence is defined as “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act” (Negligence). Negligence is at the heart of every trail especially when dealing with sports related trials. Article #1
Anastasia Barron Mrs. Strimback English 3 Honors/Patcare 9 December 2022 Medical Ethics Essay Is the code of ethics for physicians, medical assistants, and other healthcare professionals similar to the Hippocratic Oath? The code of ethics is a set of rules for physicians, medical assistants, doctors, nurses, and other healthcare professionals. There are different codes of ethics for every healthcare professional. The Hippocratic Oath is a promise and rules to your patients to do your responsibility as a healthcare professional. The Hippocratic Oath, AMA Code of Medical Ethics for physicians, and Code of Ethics for the profession of Diagnostic Medical Sonography have some similarities such as admiration, don’t be afraid to ask for advice,
A situation I have had involving HIPPA was when I turned 18 I hadn 't thought and tried to have my mom call my doctor for some reason. When she did they told her that she couldn 't do anything because I was now 18 and I hadn 't signed any waivers for her to access to my medical records. At the time it was a burden but now learning more about HIPPA I realize that it is in place to keep our medical records safe. Although I have have never had a direct at of malpractice done to myself, I have heard many stories of malpractice.
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
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.
“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
It is for this reason that this research becomes necessary to unearth the underlying fraud and abuse-related issues within healthcare. The paper explores the different types of frauds and abuse in the health sector. In addition, it discusses the impact of fraud and abuse on the American community, as well as possible solutions. Literature Review This section discusses the various types of frauds.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Some of the ways people get mistreated is things like misdiagnosis, unnecessary surgeries, premature discharge, not ordering the correct tests or not acting upon tests presented, not following up, wrong dosage or medication, leaving things inside the body after surgery, incorrect care in hospitals resulting in bedsores, persistent pain, or pressure ulcers (medicalnewstoday.com). Any of these or more can cause someone to want compensation, however some people don’t gain the money they deserve thanks to the fact that they either don’t have the money to go to court, wait too long, or don’t realize till it’s too late and the statute of limitations is up. Other times when they are brave enough making it to court they need a testimony from a medical personnel, however, they can’t find someone to testify (abpla.org). Usually most people don’t end up making it to court on the grounds that lawyers are expensive and the legal system can take a while, on the other hand, when a malpractice lawsuit is awarded there’s a great deal of money that the hospital’s insurance or the doctor’s insurance has to pay, the payment could be anywhere from hundreds to millions of
Negligence is when a nurse who is fully capable of caring does not care in the way a reasonably prudent nurse would, and as a result the