medical negligence case studies

All work is written to order. Bond v. U.S., No. Ethics and Issues in Contemporary Nursing (3rd ed.) The term autonomy literally means “self-governance” (Burkhardt & Nathaniel, 2008, p. 54). Applying Washington state comparative liability concepts, a plaintiff alleging medical negligence is by statute required to prove two elements: 1.) This essay should not be treated as an authoritative source of information when forming medical opinions as information may be inaccurate or out-of-date. 1. Occasionally miraculous recoveries from comas are reported widely (Swinburn, Ali, Banerjee and Khan, 1999). Burkhardt, M. &Nathaniel, A. The family should have informed about the patient situation, prognosis, possible interventions along with risk benefit ratio. The Court found that based on all of the evidence, and particularly on the well-supported testimony of Dr. McAnulty, that even if Bond had undergone an invasive cardiac surgery with four bypasses, as recommended by Dr. Schapira, his life expectancy would not have been extended as compared to treating him medically. My client suffered a collapse at home and during the fall sustained a heavy impact to the back of his neck. Comparing the Power’s Court findings to Black’s situation,  Love’s alleged failure to take into account Black’s history of MRSA possibly lead to the treatment that did not include the  required testing and antibiotics specific to MRSA sufferers. Ethical issue of interest and my position. Re: Sam Black v. United States-Medical Malpractice by V.A. Although this case related to medical negligence, Waller LJ at 46 stated that there is no distinction between the medical cases and others insofar as this principle applies and added that as long as the claimant can “establish that the contribution of the negligent cause was more than negligible” he will succeed. The case was dismissed due to insufficient evidence. In addition there was violation of social justice by the physician in the allocation of resources and budget for other deserving candidates. Most clients want a full investigation of events, answers to their many questions and an explanation of why things happened as they did. Lachman, V. D. (2012). Tex. Rad. Thus the physician would have remained loyal to his oath and obligation by not providing false assurance to the family, and also the family was to suppose face the grief anyway. An ambulance was called and the paramedics noted he had a lot of neck pain and took the appropriate precautions to protect his neck with a collar and block. This is not an example of the work produced by our expert nursing writers. Recent Clinical Negligence Cases. The United States has 60 days to file an answer and, after that, Black’s case will proceed just as any other case filed. The standard principles still remain; resistances to such agents as mupirocin (antibiotic) have developed rapidly, so this topical antibiotic can no longer be recommended for routine use. § 1151. 2006). The Court found that CRPS is not well understood within the medical community, and its causes are numerous and extremely complex.Thus, concluding that the Plaintiff did not establish, by a preponderance of the evidence, a failure by the Defendant to conform to the requisite standard of care on Plaintiff’s factual claims of negligence. The doctor was not fair in proper allocation of resources the ventilator and ICU bed could have been used for another critically ill patient which were occupied by this patient with brain death. All work is written to order. Federal Tort Claims Act (“FTCA”) allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment. Mr B, aged 23 at the date of settlement, was born following a difficult labour and delivery. The elements addressed and probability of an outcome resulting in judgement for the Plaintiff seems evident. § 1151, Congress mandated that: (a) compensation … shall be awarded for a qualifying additional disability … in the same manner as if such additional disability … were service-connected. Rad underwent cardiac screening when he was 16 having been signed to Tottenham Hotspur. Tex. Thus, the plaintiff was entitled to compensation for the injuries caused by the defendant. The breach of standard of care proximately causing the infection in Black’s spine resulting in cause in fact of his damages was foreseeable. Black must learn to walk again and still requires a walker. Patient remained on ventilator for the next seven days and then declared dead. Copyright © 2003 - 2020 - NursingAnswers.net is a trading name of All Answers Ltd, a company registered in England and Wales. CIV. However, the testimony lacked the explanation as to what the standard of care should have been. West’s F.S.A. In Hogans v. U.S., the Court recognized Washington law cause in fact and legal causation as the elements, in contrast to Texas law under which the elements of proximate cause are foreseeability and cause in fact. Sept. 30, 2005). Yet, Love sent Black home without ruling out MRSA infection, after being informed of his recent history of MRSA. Malpractice by the physician reflects that he did not show adherence to his oath and accountability in taking decision for patient. Suggestions for more serious infections, including those not responding to oral therapy advised, requiring parenteral treatment. Free resources to assist you with your university studies! Then Black’s infection may not have worsen and spread into his spine. As the family was very anxious and the patient’s father was a cardiac patient, in this situation the doctor did not want to inform the family promptly. Foreseeably could be argued as an element resulting in the failure of the infection to properly respond to the conservative use of antibiotics. The physician did not properly test or treat Black’s MRSA before releasing him from the hospital and possibly lead to the spread of the infection to his spine. A. To test a tissue sample and treat the resistant bacteria with effective antibiotics for MRSA infections, possibly causing the spread of infection to his spine and resulting neurological injuries. What standard of care did Dr. Love owe to Mr. Black? After signing a consent form and being discharged, Schertz could not feel his legs. If a patient is dead and still on ventilator in this case the cessation of treatment will not provide harm (Beauchamp & Childress, 2001). The principle of beneficence refers to an act for the benefit of others (Beauchamp & Childress, 2001). Principles of biomedical ethics. We're here to answer any questions you have about our services. Company Registration No: 4964706. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. The physician may support him through Mill’s autonomy which talks about the obligation to persuade others when they have false or views (Beauchamp & Childress, 2001). The interruption of blood supply causing nerve damage did not fall in accordance with the applicable standard of care and the negligent treatment received proximately caused Powers to suffer permanent physical injuries. 38 U.S.C. No plagiarism, guaranteed! Black must establish with expert testimony that the standard of care was breached. Hence the physicians alleged actions proximately causing the permanent neurological damage to Black. Love stated his decision to discharge Black was due to “absence of inflammatory stigmata.”  However, Black did have signs and symptoms of infection to include painful levels of 7 out of 10 (7/10), red, and swollen right elbow. The former study revealed that 16.6% of 14,000 hospital admissions in New South Wales and South Australia associated with an adverse event resulting in disability was caused by medicolegal negligence [ 2 ]. The opinion of Bishop, an expert in MRSA treatment, stated that Love should have tested for MRSA before starting antibiotic treatment since the drugs that are used to treat an ordinary staph infection will not be effective against MRSA and such use could cause serious illness and more resistant bacteria. Canion v. U.S., No. Moreover, health care provider should show adherence to the implementation of such policy. Legal Helpline: ☎ 1800 529 835. The overuse and misuse of antibiotics are key factors contributing to antibiotic resistance. Photography courtesy of Brown and Bird. After comparing previous Medical Malpractice by a V.A. Powers v. U.S., 589 F.Supp. The health care provider failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider when told of the existing history of MRSA. If you believe that your family has suffered a preventable injury due to medical negligence, contact our friendly team for a free initial consultation on 01253 766 559. EP-03-CA-0347-FM, 2005 WL 1514045, (W.D. Nursing Essay 3) physician did not fail to obtain patient’s informed consent to perform ERCP. The Court found after reviewing expert testimony that the hospital’s actions were not the proximate cause of Canion’s injuries. However, Monsivais did not follow his own recommendations during the treatment of Canion. Black was released from the hospital without ruling out MRSA, possibly leading to spread of the infection to his spine. Veterans have served this country honorably and one of their benefits is veteran’s medical care. In comparing the Bond case to Black’s treatment by  Love, it can be noted that Bond had multiple hospital tests performed over the time that  Bond was in the hospital and could not have prevented the unforeseen death. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The ongoing theme in the Courts appears to be that in filing a suit. Dissertation Moreover, the doctor did not misinform the family but just kept them unaware of the situation because he thought that telling the truth may increase their anxiety level. Tex. He continues to have uncontrollable jerking movements of his legs, as well as numbness (feeling as if his legs are always asleep). Thus there would have less financial burden on the family and also justice have maintained by providing chance to other critically ill patients. Healthcare professionals often confront situations of ambiguity and uncertainty regarding patient’s treatment. After the brain death the patient should have weaned off form ventilator and by announcement of death the dead body should have processed with dignity. The U.S. Government health care provider may have failed to timely diagnose the MRSA infection of the right elbow and may have allowed the infection to spread to the spine. Allegedly by the time the results note was acknowledged, Black had been hospitalized with sepsis and the infection had spread to his spine. Each agency has limited settlement authority, after which they must go to the Department of Justice (DOJ) for approval to pay more than the agency authority including the Veterans Administration. 38 C.F.R. Foreseeability is one of the elements of negligence. Monika Dubey. Even if the doctor was right in his position he still should have not taken the decision by himself. Swinburn, J. M., Ali, S. M., Banerjee, D. J., Khan, Z. P., Cranford, R. E., & Jennett, B. Moreover, he has sexual dysfunction, and he is unable to participate in activates he used to enjoy such as travel, boating and swimming. At his attendance at hospital, it transpired that he had previously suffered a scaphoid fracture to his wrist that had gone undiagnosed which had now been aggravated by the accident. Firstly, paternalistic model, the physician has adopted paternalistic approach but did not make sure that whether the interventions best promote health and wellbeing. CIV. It is more appropriately attached to the issues of whether defendant owed plaintiff a duty, and, if so, whether the duty imposed by the risk embraces that conduct which resulted in injury to the plaintiff. The Court decided, based on the evidence presented and conflicting expert opinion that the plaintiffs and defendant had proven proximate cause in equal proportions. § 766.102 (1). (2008). June 21, 2005), 180 F. App’x 490 (5th Cir. If the diagnosis is positive for MRSA, Love would have utilized antibiotics that have been found effective against the disease. Based on his experiences and training Black was not tested or treated within the guidelines of treating MSRA patients. Some jurisdictions apply the “substantial factor” formula to determine proximate cause. Cervical spine injury case study . Another case using similar reasoning was in Bond v. U.S., the Plaintiff, Pamela L. Bond, the widow of Craig R. Bond (“Bond”), alleged that the defendant was negligent for failing to properly and timely diagnose Bond’s cardiac condition. Copyright © 2003 - 2020 - All Answers Ltd is a company registered in England and Wales. In addition to common clinical syndromes, the guidelines address treatment with vancomycin, limitations of susceptibility testing, and alternative therapies. EP-03-CA-0347-FM, 2005 WL 1514045, (W.D. ), Saveetha School Of Law, Saveetha Institute Of Medical And Technical Sciences ,Saveetha University, Chennai - 77,Tamilnadu,India. And also justice have maintained by providing chance to other critically ill patients aside and remanded the Kennedy v. Veterans... Have a 2:1 degree or higher in nursing or healthcare caused the uncontrolled pain her! Had spread to his oath and accountability in taking decision for patient Court ’ s damages up ) our Brown! Failed to intervene as they did act or omission had occurred within guidelines! 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