Medical Negligence Essay

malpractice insurance, greatly influences medical professionals (Braunstein, 2012). Healthcare costs in the United States are, in general, expensive. However, the cost of medical malpractice insurance coverage is becoming so expensive that they are starting to affect the practices of medicine. Due to this, many states have passed tort reform measures to limit the amounts rewarded to plaintiffs in medical malpractice suits (Hellinger & Encinosa, 2006).

When it comes to medical necessity can often refers to the determination that is made for the insurance purposes. For example, If the patient has a condition that is chronic or terminal, the treatment could be considered medically necessary whether then the patient can afford the treatment or not.

“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

In the case of Donald (Dax) Cowart, one can determine that the conflict is between Beneficence and Autonomy. The doctors were morally right in choosing to treat Donald despite his autonomy by using the principle of beneficence.

Tort of negligence is the failure to act as a reasonable person to exercise the standard of care required by the law and resulting in damage to the party to whom the duty was owed. To prove negligence, the claimant must show that the defendant causing the damage was not only the actual cause of damage. He also show that the proximate cause of the damage. Proximity is the legal relationship between the parties from which the law will attribute a duty of care. And to prove negligence the type of the damage that occurred must have been foreseeable. Foreseeability means whether a ‘reasonable person’ would have foreseen the damage in the situations. It is the leading test which is used to determine proximate cause. The important point is a duty of care may not be owed to a particular claimant, if a claimant was unforeseeable. Foreseeability and proximate cause will be discussed

In each country the public Health system is governor under the national laws, without the proper consent whether formal or informal consent, may result in issues with confidentiality. The absences professional code of ethics as it relates to disciplinary codes involving

There are many stakeholders involved with health care administrations. Those stakeholders can be patients, health care physician, insurance providers, pharmaceutical manufactures, hospital organizations, community clinics and government. Each different stakeholder has their own individual vision of health care administration. This causes conflict due to the nature and differences in vision. which then can cause conflicts among each stakeholder involved. A patient is going to have a different idea of how a health care should be managed. This in contrast to the way a physician may think the administration should be managed. Furthermore, each different stakeholder involved would have their own ideal reasons to why the health care administration

When taking an oath to be a pharmacist, an EMT, or a physician, one takes an oath to serve humanity. Although there is no common law, each individual profession’s code of ethics has a similar purpose, which is to act as a guideline on the professional relationships between colleagues, patients, and others served. The code of ethics is a standard for all individuals in the profession, however there are instances where a person’s individual beliefs may be of conflict, and prevent the adherence of such guidelines. Although the rights of these individuals may be protected under the Religious Freedom Restoration Act (RFRA), there is a responsibility as a medical professional to assist the patients, whether it be directly or indirectly.

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

A doctor or a medical practitioner should not be held liable for medical negligence if simply something goes wrong. He shouldn’t be held liable for the chances taken by him keeping reasonable care. The medical practitioner can only be held liable if he fails to maintain the basic caution as a man of ordinary prudence would have. The standard of reasonable care is ductile in nature. Here the person need not have the highest degree of care or caution but like a man of ordinary prudence. The standard reasonable care cannot be fixed mathematically or through a formula. What constitute negligence is different in different circumstances and it varies from time to time in determining whether the act of the doctor would constitute negligence in

Throughout Jane’s medical records many abbreviations were used from the face sheet to the progress notes. The use of medical abbreviations in health records have numerous benefits and limitations. For example, physicians spend a large amount of time documenting what occurred during the day. By using abbreviations in medical records, physicians can save time, which allows them to complete other tasks. It can also help minimize spelling errors. However, the limitations of abbreviations exceed the benefits. Medical abbreviations can have multiple meanings in the different fields of medicine. This could cause confusion and lead to clinical errors. This creates poor communication with the staff and could cause more health problems for the patient or even death.

Ethics can be explained as principles a society develops to guide decisions about what is right and wrong. Ethical principles that society has are influenced by religion, history, and experience of the people in the group. Meaning that ethics is based on guidelines we have learned while growing up, that helps us differentiates what is right and what is wrong. For example, some people think health care should be a human right as others think it should only be available to those who can pay for it. Each group of people is guided by the principles they believe in. Ethics in health care play a vital role every day. The practice of health care includes many scenarios that have to do with making adequate decisions when it comes to patient’s life. For the purpose of this paper, I want to explain the occurrence and some of the ethical concerns found in a case of an elderly patient, who believed in Curanderos and didn’t realize the harm she was doing in regards to her health by not taking her medications.

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.

In fact, the very first duties of a physician are to take care, protect, take reasonable actions of care, and be more cautious and careful while diagnosing or checking for diseases. Thus, when we talk about medical centres, we mean everything related to health care services like radiology, cardiology, and blood testing for example. These services should be carefully and responsibly provided. For our present instance, we will be more concerned with clinical negligence to the practice of radiology.

Medicine is a practice based on moral standards applied to clinical values and judgments, also known as medical ethics. Ethical values consists of beneficence, nonmaleficence, autonomy and justice. However, these ethical principles are affected when distributive justice and rationing of health care resources are implemented “…in a world in which need is boundless but resources are not…” (Scheunemann & White, 2011, p. 1630).