Medical Negligence
INTRODUCTION The diagnosis and treatment of diseases pertaining to human beings is a very risky profession as it is accompanied by a high degree of morbidity and mortality. Since the profession is risky therefore the professionals should be more cautious while practicing medicine. Even the mere mistakes and recklessness can cause severe injuries that to an extent which possibly can take anyone’s lives. It means if a good treatment can save the life of a person the negligent one can take the very same. In early day’s medical science used to be a kind of a miracle for a layman. The death rate has gone down by the development of the medical science. So, the expectations of the people from the specialists and the science have risen reasonably. …show more content…
The definition involves three constituents of negligence i.e a legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope of the duty, breach of the said duty, consequential damage. In the law of negligence, professionals such as such as doctors are the person professing some special skill. Any task which is required to be performed with a special skill would generally be admitted or undertaken to be performed only if the person possesses the requisite skill for performing the …show more content…
A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance with such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill in that branch of profession which he is practicing and while undertaking the performance of the task entrusted to him he would be exercising his skill with reasonable competence. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not necessary for every professional to possess the highest level of expertise in that branch which he
Smith V. Haugland And The Iowa Heart And Vascular Clinic
2124 Words | 9 PagesIt would have been helpful to have his signature on the consent. Physicians can get too relaxed with consents and risks and benefits and documentation in the medical record. It goes by unnoticed until a patient has a complication and the physician is unable to prove what they did. Or maybe sometimes, they really did not get informed consent. The plaintiff would have still have an injuries caused by the procedure, but would likely have been considered an unfortunate bad outcome, but not negligence.
Improper Science By Atul Gawande Chapter Summary
720 Words | 3 PagesI. Summary: Complications: A Surgeon’s Notes on an Improper Science is a combination of stories, experiences and research compiled into one book. In this book, the Author: Atul Gawande, allows readers an inside view on problems, cases and secrets that surgeons might encounter in the medical field (Page 47, Paragraph 2) There are many perplexing and interest accounts and statistics within this best seller; there are stories of surgical mishaps, superstitions, and mysteries that gain the reader’s attention and helps keep them engaged. Surgical mishaps surprisingly happen more often than one would expect. In one surgical story, a surgeon accidentally sewed up a patient without removing one of his large metal instruments.
Ray Bradbury's Short Story 'A Sound Of Thunder'
1007 Words | 5 PagesThis indicates the serious result of mistakes in professional practice. In the real world, the result of making mistake is shocking, “In 2000 the Institute of Medicine published a shocking report that mistakes by health care providers are common and often life threatening” (Crigger 568). The Institute of Medicine was published on 2000 showed that the mistakes in health care system are common and harmful to the lives of patients. Ray Bradbury’s short story “A Sound of Thunder” shows that the reason why the whole world changed is because they brought one butterfly back to the real world. Actually the mistakes they made are common and multiple because mistakes always interact with each other.
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.
Lewis Thomas Pressure Of The Medical Association
762 Words | 4 PagesHis words can convince anyone medical student to reconsider their motivations for entering the profession and how to treat them, their future patient. Thomas then brought up a very important point. Today, he says, “many patients go home quickly, in good health, cured of their diseases” (59). However,
Complications By Atul Gawane Essay
416 Words | 2 PagesThe thesis of this chapter states that in certain situations, it is crucial to listen to a medical professional, however, in others, it is very important to listen to yourself and also to do what you feel is right. The author of Complications," Atul Gawane, has written this specific chapter to persuade the reader of his thesis. If the choice you make is incorrect, then it could potentially be a matter of life and death. Atul Gawande gives multiple examples of patients that have made wrong and right decisions to prove his point. He uses the personal anecdotes of four different people, with four decisions to prove his point.
Internist Personal Statement
255 Words | 2 PagesPERSONAL STATEMENT FOR INTERNAL MEDICINE CLINICAL ROTATION The physician should look upon the patient as a besieged city and try to rescue him with every means that art and science place at his command (Alexander of Tralles). My decision to enter internal medicine as the next part of my venue responds to several driving forces. Besides deciphering the wonders of the human body, I know how important is to deal with the prevention, diseases detection, and treatment of adult illnesses.
Medical Malpractice Reform
1678 Words | 7 PagesFor 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
Disadvantages Of Tort
972 Words | 4 PagesDuty - is the first element of negligence which refers to the legal obligation imposed on someone requiring them to adhere to a certain standard of reasonable care while performing any acts that could harm
What Can A Surgical Expert Medical Witness Do For You At Trial?
912 Words | 4 Pages● Ideally, your surgical expert has, or had, hospital privileges where the incident in your case occurred. This helps you make a more accurate comparison about the treatment that took place there. ● The best surgical experts act as impartial educators, giving differing viewpoints as needed. Their testimony will not favor any party in the case, rather, it will be a truthful explanation of the circumstances surrounding the incident regardless of the surgeon's personal opinions.
Atul Gawande Whose Body Is It Anyway Analysis
590 Words | 3 PagesDoctors and physicians have more and better knowledge than normal people about human body and they are able to assist their patients while making tough decisions. However, they can not always make the right decision. Doctors can not predict the result of a surgery or a treatment and they do not have enough confidence of the result because sometimes the surgery could go in a way they didn’t expect. Although patients have the right to decide their treatments, doctors and patients should share
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.
Medical Malpractice Research Paper
749 Words | 3 PagesMedical Malpractice 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.
The Importance Of Negligence In Nursing
1399 Words | 6 PagesNegligence: Negligence is conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm. (Gayle, 2015) The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might forcible cause harm to other people. (Fein man, M. 2011) Negligence can be defined as a failure to take reasonable care or steps to prevent loss or injury to another person.
Yolanda Pinnelas Case Study: Who Should Be Sued
2373 Words | 10 PagesConsensus Summary of Yolanda Pinnelas Case Study The purpose of this paper is to discuss a case study involving a 21-year-old patient, Yolanda Pinnelas, who was studying to be a musical conductor, and who was being treated with chemotherapy. The toxic medication allegedly caused severe deformity of the patient’s hand when it seeped out of the intravenous (IV) catheter and into the surrounding tissues with minimal intervention by the hospital staff noted. This malpractice case will be reviewed thoroughly by each one of the group members and a discussion of the issues relating to duty, documentation, liability, damages and more will be discussed in detail within this paper.
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