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Examples Of Medical Negligence

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Medical negligence – Are you getting accurate diagnosis? Atul and Nalini (names changed) were over the moon on arrival of their new-born son. The delivery happened at a leading hospital in Coimbatore. But shortly, their joy turned into grief. Their new born son lost his eyesight due to sheer negligence in administering IV (Intravenous) by the duty nurse. The baby developed bacterial infections which spread to the eyes and thereby losing sight. Had there been timely intervention by doctors, this situation would not have arised. What is Medical Negligence –? According to Wikipedia, Medical Negligence is defined as professional negligence by act or omission by a health care provider in which the treatment is below the prescribed …show more content…

Over 1.4 million people worldwide suffer from hospital acquired infections. Studies show that at least 50% of medical equipment in developing countries is unusable or only partly usable due to lack of knowledge on how to use. As a result, substandard diagnosis or treatment is meted out to patients and may result in serious injury or death. Every year, unsafe injections cause 1.3 million deaths, primarily due to transmission of blood-borne pathogens such as hepatitis B, C virus and HIV. Problems associated with surgical safety in developed countries account for half adverse events that result in death or disability. According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer." Can all premature death be termed as medical …show more content…

The main function of the board is govern all hospitals and medical colleges in the county and granting degree on completion of the course. The board also has the right to revoke license of any doctor / hospital found guilty in indulging in malpractice or negligence. Section 39 – If a doctor suspects a medico – legal case, he must inform the nearest police station but only after finishing his duties towards the patient. According to Article 21 states that the patient should be given immediate medical attention and only once he is stable, rest of the formalities should be undertaken. Section 39 of Criminal Procedure Code of India states that the legal proceedings should commence immediately so that maximum evidence can be collected before it is destroyed during treatment. Article 21- Any hospital cannot deny medical attention to an accident victim on any pretext (lack of facilities, infrastructure, monetary etc.). In case of a female victim, written consent for examining from the victim is mandatory. They should also have a female attendant with them at all times. This law applies to all hospitals – government, private and nursing homes. Doctors are bound by law to keep patient information confidential. What can be termed as a medico legal

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1223 Words | 5 Pages

To show that a breach of professional duty occurred, there must be the concept of standard of care. Standard of care generally refers to that care which a reasonable, similar professional would have provided to the patient. Morissette writes “to establish breach of a standard of professional care, expert witness testimony becomes essential since a jury of laypersons cannot understand the distinctions of medical care.” (2014, p. 134) An emergency room doctor would be an exceptional witness to show that the inactions of Dr. Perry greatly reduced the chance of his patient surviving. In addition, the Learned Hand Formula should be applied in this case, by checking Michael’s vitals, Dr. Perry would have reduced the risk of harm and possibly death because he would have realized his misdiagnoses and would have given Michael a greater chance of

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579 Words | 3 Pages

In this situation there are key ethical and legal situations that arise from the treatment and transportation of Craig. As the police are now involved the paramedics have better assistance with the legal side of restraint however the ethical issues remain import and need to be managed correctly. The first issue raised is the physical restraint of the patient, even thought the police are present the paramedics could take a different approach to avoid the use of physical restraint. It could be argued that the physical restrain is necessary in this situation as the patient could be a danger to himself or others.

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1650 Words | 7 Pages

If the patient were to die during surgery or procedures, the physicians would not be held accountable if the patient signs the consent form stating they were aware of the risks to their care. It’s important for the patient to ask any questions if they are confused on any information that was given to them. Even though, if the patient is diagnosed with a life-threatening disease or infection they have the right to refuse from signing the consent form. Since the patient is legally competent to make their own decisions that regard their health, they can still disregard any treatments that are being done to them. In most cases, doctors that perform experiments on the patient without their knowledge and without their consent is known as unethical human experiment.

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196 Words | 1 Pages

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.

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1368 Words | 6 Pages

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.

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1010 Words | 5 Pages

The facilities enforcing protocols and policies to secure that employees are meeting government regulations. Doctors, nursing staff and support staff I must use their best ethical and moral judge in most case to ensure patients are being retreated. Thus, sometimes causing conflict with health care administration because health care workers sometimes unknowingly break policies or protocol by putting patients first. As well as hospitals and clinics have so many departments that there can be conflict of interest with patient care that can cause inconsistency with patient care (Santilli, J. el al., 2015, Para

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2234 Words | 9 Pages

The Institute of Medicine (IOM) published a report in 2000 that estimated there were around 100,000 deaths each year in American hospitals from medical errors. IOM results were mostly based on errors of comission. In ICUs, the errors of omission are much larger as compared to the errors of commission. The number of patients dying becomes even higher if these errors are included. The follow-up report by IOM in 2001, provided a direction towards the need for making the basic changes in the health care delivery.

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1678 Words | 7 Pages

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

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1870 Words | 8 Pages

There were 127 medical malpractice cases in Pennsylvania last year. An example of these cases could be an exploratory surgery to diagnose a patient and the incision became infected because the patient failed to clean the incision sight properly. Seems to me that the doctor was just doing his/her job but in the end, he/she got sued. Medical malpractice can be described as an act or omission by a doctor or physician that lead to the harm of a patient (Kindy). Certain laws and bills have been put in place to discourage people from suing doctors for problems that are completely out of the doctor’s hands.

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860 Words | 4 Pages

For a court to determine that negligence has occurred, there are four requirements that must be proven. A duty of care must be owed, next, a breach of that duty of care has occurred through the defendant’s actions, this breach of duty has caused damage to the claimant and the damage caused was not too remote. The original test for whether a duty of care has been breached was famously set out in the case of Bolam , which involved, a plaintiff, who was suffering from a mental illness and being treated with electroconvulsive therapy. The treatment was known to induce convulsions or fits.

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541 Words | 3 Pages

There 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).

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749 Words | 3 Pages

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

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1901 Words | 8 Pages

After determining whether duty of care exists, the following question would be whether there is a breach of duty by Dr. Jones. To prove that there is a breach of duty, proof of the defendant falls below the expected standard of care is essential. The Bolam case once again could be applied here to determine the standard of care of

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2285 Words | 10 Pages

1.0 INTRODUCTION (Thorpe and Thorpe, 2008, p.47) tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. According to Associate Professor, Fordham (2015) negligence as a tort requires more than mere lack of care. A claimant who wishes to sue in negligence must show: (i) that the defendant owed him a legal duty to take care; (ii) that there was a breach of this legal duty by the defendant; and (iii) that the breach caused him recoverable damage.

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700 Words | 3 Pages

Patients have a right to complain about the doctor's refusal to the Management. Provision of Treatment requires patient’s choice and informed consent. Even if a patient has signed a general consent clause, the patient can still refuse medical treatment or procedures. However, in exceptional or emergency situations a doctor may be legally justified in performing surgery or providing treatment without the patient's consent. The patient should be competent and capable of making such a decision to give a consent.

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