A malpractice on the other hand occurs when a doctor, a hospital, or any other medical professional, causes an injury through omission or negligence to a patient. Malpractice can also be viewed as professional negligence, where a surgeon or any other professional testifies that his colleagues would regard his practice as not proper. All malpractice may involve negligence, although all negligence may not be malpractice. If a nurse fails to present medications as prescribed, and consequently the patient’s condition gets worse or results in death, the nurse will be indeed negligent. In cases where a nurse fails to pay attention to his or her tasks or has inadequate skills, it may lead to a suit of negligence to one who does not give approved care standards (Helm, 2003). Good nurses know their obligations and communicate well with their patients and physicians. Such nurses are aware of board practices and regulations within legal guidelines. Most nurses have no issues with committing negligent acts provided and they adhere to the confines of required practices, protocols, and legal hospital guidelines. I do agree with the article that what was practiced by the doctor, the hospital management, and the neighboring staff is total negligence. It is man’s nature to make errors at times, but mistakes that lead to harm on individuals could be perceived as negligence. In the Neighborhood newspaper, Mr. Benson’s amputation was an irreversible act. The doctor amputated the wrong leg, a fact that still remains a dream to Benson. The dilemma is whether the doctor was negligent in his practice or not. Here, the doctor was definitely negligent. This is due to the reason that the surgeon did not act exactly the way any other surgeon would have acted if in the same practice. Worse of all, not all the measures were considered to make sure that the right leg be amputated. Several cases of the same type have happened in history and procedures invented so this mistake would not occur again. Surgery is to be carried out after the right procedures have been put in place. Staff members in the operating room have to take time in ensuring that the correct patient is in the room awaiting the right surgery. In Benson’s case, the nurses at the neighborhood hospital kept quite on the case. If the nursing staff and the doctors in the operating room were keen on the practice, then this incident could not happen (Oberman, 1996). Quality documentation is vital in providing care and due to the present healthcare system; patients who claim to have sustained psychological or physical harm resulting from the negligence of their health providers can bring their lawsuits and claims to recover damages. A medical record acts as a legal document to be used by the injured patient for other legal proceedings or against other personnel since it is a permanent record. Correct documentation in the medical records develops legal data which completely and accurately reflect the care offered to the injured patient. In a court of law, it acts like a witness who gives facets about the events. If there is no evidence from the records then it is assumed that the negligent act never happened. Documentation is also important to the health providers; especially in civil litigation where there is alleged nursing malpractice or negligence it can
AMPUTATION MISHAP; NEGLIGENCE Name Institution Amputation Mishap; Negligence Negligence as evident in the article is a component in cases of injury, proving that a company, person, or any other entity failed to act in a competent way and thus caused harm by lack of expected or reasonable action to obtain damages for the victim…
This article will explore the subject of negligence manslaughter under the following divisions: discussion of the criminal issues; manslaughter; involuntary manslaughter; limitation; defenses to negligence manslaughter; sentencing negligence manslaughter; consequences of conviction for negligence manslaughter
Specifically, the following questions would be answered: (a) if you were the nurse in this situation, what ethical principles would guide your practice? And (b) how would you document the case to satisfy ethical and legal requirements? Negligence Background based on the Scenario The facts from the given scenario indicate the case of a 62 year old, diabetic patient, Joseph Benson, who supposedly underwent an amputation of his leg just below the left knee.
Negligence Name Course Instructor Institution Date Negligence The case “Failure to Restrain Caused Patient Fall” is selected for analysis and determination whether there was medical negligence or not and the events leading to the legal litigation by the patient.
hospital owed Rameez duty for care the moment he got admission into the hospital. Doctor Kildare’s decision to perform an emergency operation on Rameez was meant to revive his life. It was in the best interest of Rameez to get the operation and a breathing device for his survival.
These signs persist despite the tremendous efforts of nursing educators, trainers and campaigners to inform practicing and student nurses about their personal, legal and professional responsibilities and limitations (Phillips et al., 2004). Quite apparent in these campaigns, education, training is the distinction among malpractice, negligence, and gross negligence.
Generally, there are three major kinds of incidents. The most critical is the high-impact crash. Cases are mid-air collisions or explosions in mid-air. There are more or less no survivors. However there is still a need of massive search operations.
Low-impact crashes are sometimes survivable, although can have a disastrous outcome.
"The occurrence of an amputation is far more common than one might think. In fact, there are slightly more than 1.5 amputees per 1000 persons in the United States. This brings the present total of amputees in the United States to approximately 380,000." (Girdhar et al, 2001)
The protection can be in the form of court orders to the defendant to refrain from carrying out offensive acts or omissions, or the plaintiff being awarded a prescribed amount of money when a protected interest is infringed. The damage or harm must be the result
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