Medical Malpractice: Misdiagnosis and Delayed Diagnosis - Coursework Example

Although there was no intent on his part to harm the patient, he should still be liable because as a physician he is expected to “provide treatment in a reasonably skillful and competent manner” (Michon, n.d.).  Furthermore, it caused serious harm to the patient; thus, he should be punished for it.  If the doctor knew that he was already overworked and therefore not in the best condition to attend to a patient, he should have assigned the case to another doctor instead of forcing himself to attend to the patient.  He should have used his better judgment that something wrong might happen if he insists on attending to the patient.

1. Aside from the medical profession, another profession that can be held liable for negligence is a pilot (presumably he survives the crash) who knew that he was not feeling well when he flew the plane, yet still insisted on flying it which eventually resulted in an airplane crash. It may also apply to a captain of a ship who allowed the ship to navigate even if he knew that there was over capacity.  A restaurant owner or chef may also be held liable for negligence if they served food that they knew beforehand was no longer fresh or was already contaminated but still served it to their customers.  Food manufacturers may also face the same charges if they do not make sure that all the ingredients in the food that they manufacture are safe for human consumption and would have no harmful side effects.
2. If I was a member of a jury hearing a case of negligent homicide against a physician, my only preconception is to determine whether another doctor handling the case would have done the same as the physician being indicted. Also, I would like to know if the doctor has a tinge of doubt about his diagnosis and if he did, did he ask the opinions of other experts in the field.  Another consideration is whether the doctor has the necessary competence and qualification to diagnose the patient and if he does not possess such skills, was the patient aware of this?

Read More