Medical Malpractice
INTRODUCTION
For years medical malpractice has receiver much global attention both negatively and positively. There appears to be a tendency of allegations of medical malpractice that go unreported with the patients only communicating this kind of information in other media other than the body that does regulation of medical practitioners or the courts. In real meaning there are several unspoken possible cases of medical malpractice which have remained unaddressed generally since the victims either lack confidence in the professional regulatory bodies or are frightened of the processes and complications coupled with the court process. This is in relation to bearing in mind that instituting such petitions against medical practitioners or the
…show more content…
This begs the query, what has transpired to their commitment taken on oath to use their skills only for the benefit of their patients? The society’s anticipations of principled conduct from the medical practitioners have been unceasingly dropped by what looks to be a total disregard for the long-established trust that has existed between the patient and the doctor. A medical practitioner and a patient’s relationship is always a special one and technically privileged because it depends on the trust that the patient has in the practitioner’s professionalism. The medical practitioners must therefore have a primary responsibility that guides them to act in the best interest of their patients without an influence of personal consideration .
There are a number of shortfalls of the Act in providing for the Board to curb medical malpractice and carrying out their obligations in Kenya. The Act gives the Board of investigating cases of medical malpractice but is uncommunicative on the matter of compensation available to the victims. Therefore, the Board cannot deliver on something that power has not been granted to it to do
…show more content…
In a country like Kenya that is committed to the rule of law, matters of medical negligence are always taken to the court and judges always make the final verdict. However, doctor’s negligence is always difficult to be determined by the judges as their opinion is always based on expertise. This has seen cases on medical negligence taking long before decisions are made and even the victims served with
Case Citation: Gallagher V. Cayuga Medical Center
1153 Words | 5 PagesCase Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.
Summary Of Cobbs V. Cal 3d
793 Words | 4 PagesCase Citation: Cobbs v Grant, 8 Cal 3d 229 (1972) Procedural History: The case for the judgement on the malpractice suit against Grant was held in a trial court. For the returned verdict against the defendant, the appeal was held in the Court of Appeal. Legal Issue: The case was brought before the jury to decide and analyze two legal issues.
Cma V. Rodriguez Summary
1281 Words | 6 PagesThe issue is that it is very difficult to assess the overall competence and voluntariness of a patient. CMA mandates that the protection of physicians is a must; and any change in law must legally protect those physicians who choose to participate from criminal, civil, and disciplinary proceedings. No physician should feel compelled to participate, and patients are free to transfer to another hospital if a physician denies a patients
Health And Social Care Unit 2 P6 V2
425 Words | 2 PagesThus, instead of removing all tests and operations that doctors judge to be meaningless, healthcare providers should only perform extra investigations that remove doubt and ensure a peace of mind. Claim: -In some cases, choosing to remove additional inspections places the patient at binary: you live with the condition which has a small chance of being fatal or your die unexpectedly. Evidence: -From Gawande’s perspective, the option to “leave alone” all diseases that have a small chance of being deadly is a perfectly acceptable.
Julie Thao's Medication Attack Case Study
541 Words | 3 PagesThere were specific situations that led to the cause of Julie Thao's actions of medication error and the death of Jasmine. The situation could have completely been avoided had Julie followed the code of ethics and avoided shorts to provide proper care for the patient. The state claimed that Thao's mistake was caused by actions, omissions and unapproved shortcuts, however, there were other factors that played a role in her carelessness as well. While failure to comply with procedure has been a factor in the medication administration error, other factors contributed as well. For example, failure to properly use the information system, or to ignore alerts or warnings have also resulted in preventable errors (Nelson, Evan, & Gardener, 2005).
Tomcik Case Study
785 Words | 4 PagesAfter reading this case I was terribly shocked about the fact that something like this could happen in our medical history. I couldn’t believe how a patient could be neglected so much. Based on the material that we have learned the lack of ethical theory of deontology in Dr. Evan was disturbing. As a doctor Dr. Evan’s role is to care for patients, keep them away from harm and prolong their life. Though in the trial he stated as if he didn’t care.
Comparing The Medical Case Of Donald Church Vs. University Of Washington Medical Center
1007 Words | 5 PagesThere are times in the medical field that patients become victims of their doctors or surgeons. Some of them might be on purpose, like abuse, others can be honest mistakes, like misreading a dosage. In the medical case I chose it was an honest mistake. The medical case I chose is Donald Church vs. the University of Washington Medical Center. In this case the patient, Donald Church, had had a thirteen inch retractor left in his abdomen, which is better known as the stomach area, after surgery.
Argumentative Essay On Medical Malpractice
1414 Words | 6 Pages“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
Dr Anna Pou Case Summary
639 Words | 3 PagesIt It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
Tort Case Study: Health Care Law
1368 Words | 6 PagesHealth 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.
Health Care Stakeholders Analysis
1010 Words | 5 PagesThey must ensure that they are providing adequate services to patients and at the same time ensuring that insurance companies are getting paid (Saint Joseph’s University, 2011, Para 6). Along with that they must secure that they are getting paid. Furthermore, physician moral and ethics are challenged as well; Thus, causing them to rethink how they take on their responsibilities as a medical care provider by trying to keep patients best interest, insurance companies interest and their own interests. This conflict with trying to meet the needs of several different stakeholders causes strain on the physician because they must walk fine line to please each. While trying to please a specific stakeholder another holder could be compromised.
Medical Malpractice Research Paper
749 Words | 3 PagesSome 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
Persuasive Essay On Euthanasia
869 Words | 4 PagesWhy haven’t these doctors been removed from their duties if they are breaking their own vow? If we can’t trust our doctors to uphold their duties as a proper and ethical caretaker then we are left to rely on ourselves. Ourselves, the same
The Pros And Cons Of Medical Negligence
813 Words | 4 PagesA 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
Clinical Negligence In Medical Practice
1947 Words | 8 Pages1. Introduction: Radiologists recently have been advanced because of radiology expanding practices in many sensitive medical cases. Recent charges against radiologists have brought new obligations and liabilities, making them vulnerable to higher degrees of legal cases against them. Negligence legal proceedings in radiology naturally appear as a result of failure to diagnosis or poor consultation and thus failure to react medically in a timely manner.
More about Medical Malpractice
Case Citation: Gallagher V. Cayuga Medical Center
1153 Words | 5 PagesSummary Of Cobbs V. Cal 3d
793 Words | 4 PagesCma V. Rodriguez Summary
1281 Words | 6 PagesHealth And Social Care Unit 2 P6 V2
425 Words | 2 PagesJulie Thao's Medication Attack Case Study
541 Words | 3 PagesTomcik Case Study
785 Words | 4 PagesComparing The Medical Case Of Donald Church Vs. University Of Washington Medical Center
1007 Words | 5 PagesArgumentative Essay On Medical Malpractice
1414 Words | 6 PagesDr Anna Pou Case Summary
639 Words | 3 PagesTort Case Study: Health Care Law
1368 Words | 6 PagesHealth Care Stakeholders Analysis
1010 Words | 5 PagesMedical Malpractice Research Paper
749 Words | 3 PagesPersuasive Essay On Euthanasia
869 Words | 4 PagesThe Pros And Cons Of Medical Negligence
813 Words | 4 PagesClinical Negligence In Medical Practice
1947 Words | 8 Pages