Medical Malpractice Examples

Published in 1962, Ken Kesey’s One Flew Over the Cuckoo’s Nest tells the story of Patrick McMurphy, a newly-admitted patient at a psychiatric hospital where individuals with various mental conditions are treated. Run primarily by Nurse Ratched, a demeaning autocrat who exhibits complete control over others, the patients are subjected to various forms of treatments and therapy with the intent of rehabilitation (Kesey 5). Most forms of treatment depicted in Kesey’s novel, such as group therapy, are an accurate representation of what typical psychiatric patients may encounter while under care at a mental facility. Yet others, particularly electroshock therapy and lobotomies, were quite controversial at the time of the novel’s publication. Such treatments were questioned for their effectiveness at improving patients’ condition – and while these procedures were still occasionally performed at the time, they often did not benefit the treated individual. Often painful and traumatic, these treatments physically degraded the patient’s mental status; and in extreme

Standard of care refers to the degree of care that a similar healthcare professional would apply under the same circumstances while taking into account any unexpected complications or conditions. To put it simply, if another healthcare professional with the same or similar training takes the same course of action as the healthcare professional at issue given the information known and the exact situation, the professional is seen as meeting the standard of care.

Many people are supported in their homes by people who work along side the health and social care service such as social workers,nursers ,doctor and care givers or they may get support from their family members and friends. An elderly person may choose to stay in their own homes instead of a residential care home while seeking help and support from others,however this can lead to potential opportunities for abuse happening to the person who Is being looked after. When an individual is getting support at home by a carer, the individual being cared for is vulnerable and defenseless and therefor this makes them a target for abuse,another example is abuse by strangers,when an elderly person lives alone they are at risk of people calling at the door and then gaining access to their homes,they may steal items from them or mistreat them or cause intimidation.

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

What they often forget is that their patients may not have the same level of education as they do and that they may not be able to comprehend the information. Low health literacy can hinder the patient's decision making when it comes to understanding their health status and recognizing the health risks associated with medical procedures. Most medical facilities expect patients to understand the risks and benefits that happen to their health when they want treatments/experiments to be performed on them. Before they receive treatments from doctors, the patient is first given an informed consent. It is standard procedure for the patients to sign an informed consent while being supervised by a medical employee. Also, all the information on the document must be explained at the patient’s discretion. If the patient does not fully understand the information provided with the risks and benefits they will not receive proper treatment and health

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. This case was decided on June 15, 2017.

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. While her actions might not be seen as the best decision, she made one and did her best to make the rightful one under such poor circumstances that were out of her control.

The words “fraud” and “abuse” are really two dissimilar terms with dispersed meanings as they relay to healthcare. Fraud is a deliberate trickery or falsification of facts that can affect in unsanctioned advantage or reimbursement. Examples of fraud may contain submitting claims for amenities not provided, fabricating dues or medical records and distorting dates, occurrence, length, or explanation of services rendered. Abuse, on the other hand, is defined as actions that are inappropriate, unsuitable, external to satisfactory ideals of qualified behavior or medically redundant. Common examples of abuse contain unsuitable billing practices, letdown to preserve precise records and an outline of privileges for amenities not medically essential.

Everyone makes mistakes, but some are more deadly than others. Malpractice is the illegal or negligence, professional activity or they’re working out of the their scope of practice. Medical malpractice is one of the top causes of death in the United States. With this being said, insurance for medical practitioners would be considerably higher. Should the amount of malpractice insurance be lowered even though malpractice is one of the leading causes of death? The answer is yes, malpractice insurance should be lowered.

“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

Educate nursing staff who cared for Ms. Gadner on importance of documentation and updating of physicians of patient’s current condition.

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. A great percentage of radiologists are liable to face a claim every five years. Radiologists confront not high risks of malpractice suits if compare with other specialists. The most common medical lawsuits against radiologists are misdiagnosis of breast cancer on mammography and lung cancer.

Negligence is a term of art, but has different meanings in different jurisdictions. In ‘Tort’, damage is an essential ingredient but that element is not necessary in master servant relationship. In criminal law, there are channels of offences based on negligence in which loss or injury is immaterial; it is enough if the act is likely to cause injury or endanger life. Operating a patient without consent is an example of negligence even without actual damage. Dictionary meaning of term ‘Negligence’ is ‘Lack of Proper Care’. The term negligence defined by Baron Alderson negligence means: “Omission to do something which a reasonable man guided by that consideration which regulate conduct of human affairs would do, or doing something which a reasonable

In law, there are three elements that constitute a negligent action - the duty of care is owed to the patient, the duty of care has been breached through inaction, and through this inaction, physical or financial harm has been caused. The negligence demonstrated in withholding treatment shows that the hospital staff’s inaction is below the expected standard. It may also cause the patient’s condition deteriorate (Hope, Savulescu, & Hendrick,