Essay On Medical Negligence

Superior Essays
Application Paper 1 What is medical negligence definition is that a healthcare provider’s actions or inaction deviated from the accepted standard of care. In law, the failure to do something that a reasonable person of ordinary prudence would do in a certain situation or the doing of something that such a person would not do. Negligence may provide the basis for a lawsuit when there is a legal duty, as the duty of a physician or nurse to provide reasonable care to patients and when the negligence results in damage to the patient. The failure to observe, for the protection of another person, the degree of care and vigilance that the circumstances demand, whereby such other person suffers injury.
Phlebotomists are medical laboratory technicians who specialize in blood work. They take human blood samples and prepare tests to check for diseases, bacterial growth, cholesterol and other health problems. Phlebotomists work under the supervision of physicians and pathologists. Many phlebotomists work in
…show more content…
This paper is on will be on why an individual in this profession might be held liable for negligence. There will be many examples on situations on phlebotomists that had lawsuits against them. I will be discussing ways to proactively avoid or prevent negligence in the medical profession as a Phlebotomist. It will be defining the two meanings of what a phlebotomist do and the meaning of negligence. The majority of legal issues faced by phlebotomists’ on negligence and failure to follow standard operating procedures.
Examples of phlebotomy negligence are:
• Failure to observe signs of imminent loss of consciousness that results in a patient falling and sustaining a serious injury.
• Leaving a patient unattended if a tourniquet has already been applied or if the patient is showing signs of not feeling well.
• Selecting an inappropriate collection technique.
• Nerve damage at the collection

Related Documents

  • Improved Essays

    Work in a medical office can occasionally involve behavior that maybe conflicting to your personal ethics. You must not abuse the patient’s legal right to privacy. The medical assistant always puts the patient first if not that is considered unethical. Medical Assistants face ethical problems on a daily basis, in spite of where ethical beliefs are impacted by these factors, culture, religion, background, and individual values and beliefs. These factors form our ethical views and influence ethical decisions that affect medical assistants and their patients.…

    • 627 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    All these three aspects work together to render the best services to the patient. This process led to the death of the patient either due to the procedure used or other reason not discussed in this case. However, strict compliance with best practices and the law are the only standard measures to determine where a practitioner is at fault. In this case, Finnerty did not comply with policy and law to ensure that she was not responsible for the patient death. Any non-compliance would either damage the credibility of the hospital as well as the failure to convince that such faults did not amount to the death regardless of the missing evidence.…

    • 1117 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Orr V. Bell Case Summary

    • 1040 Words
    • 5 Pages

    Exceptional care and professional responsibility is a standard form of practice the general public rely upon for their health care needs. But, what happens when codes of conduct, rules and codes of ethics are violated and physicians fail to provide adequate care and diagnostics? When circumstance like this arise, who becomes responsible for the negligence on behalf of the patient? In the case of Orr vs. Bell, due to the negligence on behalf of Dr. Bell, the patient Orr went misdiagnosed and eventually became paralyzed. The review of this case will document and prove due to Dr. Bell’s failure to follow nationally recognized Radiologic ethics and rules Dr. Bell failed to determine Orr’s medical issue and therefore was responsible for the outcome…

    • 1040 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Joan's Prima Facie Case

    • 353 Words
    • 2 Pages

    Joan’s Theory Dr. Witt was negligent in failing to order an X-ray on multiple occasions, which caused injury to Joan. Issue: Did Dr. Witt treat Joan with a professional standard of care? Rule: “To establish professional medical negligence the evidence presented by the patient must show a violation of the degree of care and skill that required of a physician.” Smith v. Finch, 681 S.E. 2d 147 (Ga. 2009).…

    • 353 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Usually we hear of stories where physicians get sued because they fail to abide by a patient’s wishes, however, the article “All-Time Craziest Frivolous Lawsuits”, (Krane 2014), discusses how a physician was sued for abiding to a patient’s wishes. The article provides insight into how some malpractice lawsuits impact physicians who try to provide patients with standard of care, only to have care refused by them and then later have legal action taken against them for complying with their wishes. The author best explains how physicians are affected by malpractice lawsuits in stating, “The assault on their reputations and the emotional upheaval they face can be traumatic even when the lawsuit is obviously fraudulent” (Krane, 2014, p. 1). This particular article discusses the story of a man who cut his hand off because he “saw the number ‘666’ written on it and stated that he heard voices which told him to cut it off. When the on-call surgeon was called in for a consult, the patient stated that if the surgeon reattached his arm, “he would cut it off again” (Krane, 2014, p. 1).…

    • 401 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Three Strikes Law

    • 758 Words
    • 4 Pages

    Lesson 4 Essay Medical Malpractice can be defined as the negligent or irresponsible medical treatment of a doctor, nurse or other medical practitioner that results in injury or death of a patient in their care (McMillen Law Firm, 2013). One of the unique qualities about Florida is its exercise of the ‘Three Strikes Law’. The relatively recent amendment to the Florida Constitution would automatically revoke the medical license of any doctor hit with three malpractice judgments which makes Florida one of the most hostile states for physicians. In my opinion, when it comes to protecting patients and physicians alike, there should be limitations set in place for each party.…

    • 758 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nurses also have the ethical responsibility to communicate the needs of their patients with other members of the interdisciplinary team (Code of Ethics, 2015). In the incident discussed in the above paragraph, legal ramifications are always a possibility. The nurse failed to effectively communicate and take adequate steps to prevent a fall from occurring. In order to win a medical malpractice case, four conditions must be present. The conditions are duty; breach of duty; harm; and causation (Moffett & Moore, 2011).…

    • 1229 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In providing healthcare, there is a thin line between making an innocent mistake and changing a life forever. Regardless of the amount of experience a provider has, even the slightest oversight could potentially result in a deadly consequence. For most healthcare providers, the mere thought of an unintentional medical mistake resulting in a medical malpractice litigation triggers a state of anxiety. In the article, A Mistake or Medical Malpractice?, Ms. Latner highlights this concern by describing an actual occurrence involving a medical mistake, the response to the mistake, and the resulting outcome (Latner, 2014). As healthcare professionals, we have an ethical and professional duty to uphold with all members of society.…

    • 1722 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    Malpractice is a very broad term for many mistakes that are made by doctors or any other medical professionals and can include misdiagnosed medical…

    • 515 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    If you have ever donated blood or been in a situation where blood had to be taken, you have probably met a phlebotomist. A phlebotomist takes blood from patients. They label blood and send it to labs to be tested. A college degree is not required to become a phlebotomist; however, many phlebotomist have some sort of college background.…

    • 376 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Positive Health Care

    • 719 Words
    • 3 Pages

    Moreover, malpractice has become a huge concern for the health care systems today. It was reported to Forbes Magazine that one in four Medicaid beneficiaries that are admitted to a hospital suffer from some form of harm during their stay. In Addition, as many as 225,000 people die each year from medical malpractice according to an article from the Journal of the American Medical Association. Some patients die from either surgical procedures or medication errors in hospitals. Therefore, hospitals and other facilities should be more aware and meticulous when handling procedures and treating…

    • 719 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Tort Of Negligence Essay

    • 1145 Words
    • 5 Pages

    Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…

    • 1145 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Abstract Law is formed for a motive and it regulates in many areas like medicine, before practicing any medical procedure or conducting a form of administrative position each medical specialist or non-medical specialist operative must comprehend a difference between ethical or unethical. Ethical and Unethical plays a significant role in our humanity every way it is whether up to how you want to approach it. According to “The case of Jeanette M. And the phone call” altered from the beginning of chapter 1 of “Medical Law and Ethics” inscribed by Bonnie Fremgen, it exemplifies how a medical receptionist and the doctor action resulted in death of Jeanette M. This case falls into so many categories of violations and code of ethics such as being…

    • 1195 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    In this assignment, I will use the Gibbs reflective cycle (1998) to reflect on the situation that taken place during my clinical placement to help me to improve and utilise my skills and knowledge from that experienced. • Describe what happened I was assigned in Surgical Ward at Westmead Hospital for two weeks. I was endorsed to one of the Registered Nurses to be my mentor. I was told by my mentor nurse to help her to shower one of her patients.…

    • 777 Words
    • 4 Pages
    Decent Essays
  • Improved Essays

    Essay On Tort Law

    • 706 Words
    • 3 Pages

    Negligence is conduct by an individual that drops below a reasonable standard of care and causes harm to another person. An individual has a duty to act reasonably when interacting with others. When that individual fails to act reasonably and thereby causes harm to others. When that individual fails to act reasonably and thereby causes harm to others, that individual is…

    • 706 Words
    • 3 Pages
    Improved Essays