Preview

Medical Negligence Essay

Good Essays
Open Document
Open Document
528 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Medical Negligence Essay
Medical providers are the cornerstone to health. After all, they diagnose, treat, and cure many illnesses and diseases. Although most medical providers aim to provide the highest standard of care to all patients, there are times when things can go wrong. When this happens, it may be due to medical negligence.
What is Medical Negligence?
Medical negligence occurs when a doctor or other medical professional harms a patient. Misdiagnoses, improper treatment, or recklessness may all be considered medical negligence. Mistakes and other issues may also fall under medical negligence, depending on the circumstances involved.
Common Types of Medical Negligence
Many situations can lead to medical negligence claims. Some categories under medical negligence
…show more content…
Basic Requirements for Medical Negligence Claims
In order to prove that medical negligence occurred, the patient must provide documentation. Common forms of acceptable documentation include:
• A proven doctor-patient relationship: Patients must provide documentation that there was an existing doctor-patient relationship. Medical bills, treatment forms, and doctor ordered prescriptions all count towards proving a relationship exists.
• The doctor was negligent: Patients must prove without a reasonable doubt that the doctor was in fact, negligent. Simply being unhappy with the services provided do not count. In general, patients will need to prove that the doctor caused harm or worsened a condition.
• The negligence caused injury: Patients must prove that the injury or illness was caused by or worsened by the doctor. This can be hard, but is necessary for all medical negligence cases.
• The injury led to damages: Lastly, patients must prove that the negligence led to specific damages. Physical pain, mental suffering, additional medical bills, and lost work all count.
Special

You May Also Find These Documents Helpful

  • Good Essays

    Under the Doctrine of Corporate Negligence the hospital owes certain “duties” directly to the patient, which cannot be delegated to the medical staff. Under the Doctrine of Corporate Negligence Misericordia Community Hospital, owes a duty to its patients to refrain from any act which will cause foreseeable harm to others even though the nature of that harm and identity of the harmed person or harmed interest are unknown at the time of the act (westlaw citation). The Pennsylvania Supreme Court in Thompson v. Nason Hospital classified the hospital’s duties into four categories. 1) a duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; 2) a duty to select and retain only competent physicians; 3) a duty to oversee all persons who practice medicine within its walls as to patient care; and 4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. The hospital also failed to adhere to its own bylaw provisions and to the Wisconsin statues related to medical…

    • 875 Words
    • 4 Pages
    Good Essays
  • Good Essays

    According to Cheeseman (2013), negligence is a "A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions" (p.91). The elements of negligence include:…

    • 662 Words
    • 3 Pages
    Good Essays
  • Good Essays

    According to the text negligence is, “a type of tort in which an athletic trainer fails to act as a reasonably prudent athletic trainer would under the circumstances.” In this situation, Christine was negligent through omission, meaning that she failed to do something that an athletic trainer should have done in the situation. Christine should have first asked the athlete if she had ever taken Ibuprophen before and if she had any poor medical reactions to the medication. After asking the athlete, Christine should have referred to the athlete’s records to ensure that the athlete is okay to take Ibuprophen. The omission in this case may be proof of the conduct portion of a negligence claim. Another step in proving negligence is if Christine breached a duty owed to the athlete. The big question is, did Christine exercise the standard of care that other athletic trainers would have performed in this case? If so, then breach of duty won’t contribute to the negligence claim, but if not then it will be. Finally, the easiest determinant of negligence in this case would be damage. Did the breach of duty, if any, cause any harm to the athlete? What we know from the case is that the athlete became violently ill, so therefore the athlete was harmed and I think it is safe to say suffered from damages. These damages would confirm the damage portion of the negligence claim. In this case the physician and Christine would be liable so they could face consequences to any titles that they have towards their names just as certifications or licenses. The school could also face liability issues over this situation. To address these liability concerns there should be some risk management put into place to deal with this case and any future cases. If done well enough these risk management techniques such as avoidance, transference, retention, or reduction should help prevent any future situations. A new policy and procedure…

    • 1098 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In the case of Niles vs. San Rafael, the primary issue at hand is negligence on the behalf of Mount Zion hospital, the City of San Rafael, the public school district, and pediatric physician Dr. David Haskins. Negligence, as it pertains to health care, is defined as a failure to act with reasonable care, and results in injury or detriment to any patient or other individual. In connection to a head injury Niles sustained while at a ball field, all of the previously named have been held liable for Niles’ permanently incapacitated state.…

    • 468 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Hsa 515 Law and Health

    • 1411 Words
    • 6 Pages

    References: FindLaw. (2012). Elements of a Negligence Case. Retrieved on January 22, 2012 from http://injury.findlaw.com/personal-injury/personal-injury-law/negligence/negligence-case-elements.html…

    • 1411 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Washington Case Law Case

    • 1040 Words
    • 5 Pages

    Under Washington case law, plaintiffs are required to prove causation with expert testimony if alleged injury involves obscure medical factors. [cite]. The trickier question is whether the expert needs to demonstrate a direct causal link between the alleged injuries and the negligent act or if the expert merely must demonstrate that the plaintiff’s injuries are of a type that can be caused by the negligent act. Washington courts have come down on both sides of this question.…

    • 1040 Words
    • 5 Pages
    Good Essays
  • Good Essays

    If you want to file a wrongful death case, then you will have to be able to prove that the other person was negligent. A person is negligent if he or she violated, or breached, his or her duty of care. Running a red light is an example of negligence. All drivers are required by law to stop at a red light.…

    • 502 Words
    • 3 Pages
    Good Essays
  • Good Essays

    To be guilty of negligence, a defendant in a lawsuit must breach that duty of care, and the breach of duty must be the cause of harm to the plaintiff.…

    • 584 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Medical Law and Ethics

    • 900 Words
    • 4 Pages

    5. What is the basis for most medical malpractice claims? High damage awards in tort cases have led to a malpractice insurance crisis for physicians.…

    • 900 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Discussion Questions

    • 633 Words
    • 3 Pages

    In a negligence suit, the plaintiff has the burden of proving that the defendant did not act as a reasonable person would have acted under the circumstances. The court will instruct the jury as to the standard of conduct required of the defendant. For example, a defendant sued for negligent driving is judged according to how a reasonable person would have driven in the same circumstances. A plaintiff has a variety of means of proving that a defendant did not act as the hypothetical reasonable person would have acted. The plaintiff can show that the defendant violated a statute designed to protect against the type of injury that occurred to the plaintiff. Also, a plaintiff might introduce expert witnesses, evidence of a customary practice, or circumstantial evidence.…

    • 633 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Negligence can be defined as failure to take the proper steps to prevent injury or illness to a person. Malpractice occurs when someone lacking the skill and training causes injury to a patient (Buzzachi, Scellato, & Ughetto, 2016). Malpractice claims are much more common that we think. In the United States, there are anywhere from 15,000-19,000 malpractice claims per year. The relationship between the patient and the provider is fostered and maintained through trust.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Doctors make mistakes in a patient’s medical care. Doctors are not perfect because they’re human and, as a result, they misdiagnose patients. For example, a woman was diagnosed with cancer, then she decided to take a lethal dose of painkillers which led to her death. However, during her autopsy the medical examiner found she never had cancer (St. Clair). In a study by John Hopkins Medicine more than 250,000 Americans die each year due to medical errors (Allen and Pierce). Doctors make mistakes all the time and this results in patients dying without being diagnosed with a terminally ill illness.…

    • 729 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Health Care Policy

    • 312 Words
    • 2 Pages

    Injury is the third element needed to prove a negligence case. The term injury is not limited to just physical harm but may also be comprised of loss of income or reputation and compensation for pain and suffering. According to Showalter, “it is not enough to prove that a physician failed to meet the standard of care and the patient was injured. A plaintiff must show that the injury was the proximate cause of the negligence” (Showalter, 2008).…

    • 312 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Negligence Paper

    • 1174 Words
    • 5 Pages

    “Negligence as defined by Black’s Law Dictionary (1979) and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO, 2002) is the “failure to use such care as a reasonably prudent and careful person would use under similar circumstances.” It is the predominant theory of liability in medical malpractice litigation (King, 1986) (Weld. Garmon. Bibb. 2009.).” During…

    • 1174 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Legal Case Study

    • 2752 Words
    • 12 Pages

    As, for the first time, demonstrated in the case of Donoghue v Stevenson , negligence may exist despite there being no direct relationship between two parties. After the Shaddock’s Case , the duty of care was extended to include the giving of information. In general, defendant will owe the plaintiff a duty of care if, at the time of making the statement, the defendant knows that:…

    • 2752 Words
    • 12 Pages
    Good Essays