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…
From these data, we cannot tell whether this is because they did not have to or because they chose other avenues to obtain the care, or whether their patients did not receive needed care. The last scenario would be particularly worrisome for patients and their physicians, in part because current case law suggests that physicians are legally accountable for providing needed care and that they do not derive legal immunity by agreeing to accept health plan coverage rules. That is, compliance with health plan rules does not provide protection against malpractice litigation and losses stemming from failure to provide an acceptable standard or care. Of course, failure to adhere to health plan coverage rules and manipulating these rules, even to benefit patients, also has potential legal repercussions.” My own conclusion is that this is a very scary situation in that if physicians are exaggerating the severity of patients conditions, reporting false signs and symptoms, and changing diagnoses when billing patients this could actually harm the patient in the future say if they are seen by other health care professionals who do not know their true health condition and they are then mistreated due to false signs and…
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.…
A physician’s primary responsibility is to provide patients with the best treatment and communicate openly with them regarding their condition. In the scenario presented, Dr. Edwards examines a patient who is presenting with a cough, shortness of breath, and blood in his sputum. The patient was previously examined eight months ago for the same symptoms by Dr. Edward’s colleague who is now on medical leave. Dr. Edwards orders an x-ray and blood tests. The radiologist report concludes the presence of a lung nodule; however the radiologist also informs the Dr. Edwards the lung nodule was present 11 months ago on a prior exam.…
Providers may decide to exercise their largely discredited “therapeutic privilege” and choose not to disclose an error “for the patient’s benefit”. Such nondisclosure might cause serious additional harm to a patient if it impedes or delays necessary medical intervention. constituting a breach of providers’ ethical duty to learn from past errors in order to protect future patients who might be harmed by a repetition of the same error.…
In the unfortunate case of Canterbury versus Spence, had the patient believed he was properly informed about the procedure, there likely would not have been a suit. Not only do patients suffer when they are ill informed of the procedure they will undergo, but doctors face many consequences when the information provided is lacking or misunderstood. Doctors are constantly made to fear that the patient will seek legal retribution when outcomes are unexpected; the threat of a malpractice or negligence suit is constantly looming about. “Failure by a doctor to properly provide the…
Healthcare consumers are the primary victims who experience loss of privacy and confidentiality, improper denial of insurance, loss of credit rating, loss of time and money, and impaired health resulting from inaccurate treatment (McNabb & Rhodes, 2014). A medical identity thief can cause incorrect information to be associated with the victim's health history. Since health care providers rely on medical history for diagnosing and treating patients, incorrect medical information can impair a provider's ability to treat the patient. For example, an incorrect blood type or drug allergy entered into a victim's chart can have disastrous consequences for the victim, particularly in emergencies. An imprecise medical history associated with the identity thief can also impact the cost and availability of health and life insurance by making a victim appear to be at a higher-risk than he or she actually is.…
Dr Arun Gadre and Dr Abhay Shukla have recently written a book, 'Dissenting Diagnosis', which was published by Penguin. The book exposed a range of malpractices in the medical profession, mainly in the mushrooming new swanky private hospitals, however smaller clinics and hospitals are also not devoid of such practices. The writer mention how Doctors would carry out malpractices in order to achieve the targets set by hospital management, since these hospitals and pharmaceutical companies give rewards/incentives to those doctors who achieve their sales/referral targets. The range of malpractices included, wrong diagnosis, recommending procedures (operations) not required, clinical trial drug testing on un-suspecting patients, prescription of branded drugs even when generic alternatives cheaper by 500% were available to even poor patients, unnecessary tests and diagnostics, wilful prognosis of simple ailment to life threatening one, trials on patients by trainee doctors who were not equipped to handle those cases, organ donation rackets, inflating bills etc…. the list is too long for comfort.…
The purpose of the first paragraph to introduce the topic of this paper and outline what the paper will be about. This paragraph introduces that it will present what makes a disorder. The second paragraph's function is to explain why it is important to correct the usage of the word ‘disorder'. It corresponds to the first paragraphs claim of focusing on disorder over mental which relate to the concept of mental disorder. Building on the first paragraph, Wakefield goes into detail about the third paragraph's function; to explain how the misdiagnosis of disorder has effected the general public, and how understanding the concept of disorder would help distinguish what is a disorder.…
Are Bilingual Children at a High Risk for Misdiagnoses of Impairments? One of the many duties of a Speech-Language Pathologist (SLP) is to provide services to clients regardless of their cultural and linguistic backgrounds. This requires SLPs to often treat clients who speak multiple languages, including languages other than their own (Verdon et al. 2014). In recent years, there has been a significant growth in the U.S. of individuals with linguistically diverse backgrounds. As a result, accurately treating and diagnosing impairments has become increasingly complicated (Caesar, Kohler 2007).…
Sometime mistakes take place, such as failure to check or record a lab finding, ordering the wrong drug, or entering a lab finding in the wrong patient’s chart. These mistakes are usually not enough to guarantee an occurrence of harm. Many serious medical errors result from violations of recognized standards of practice. Large sectors of the health care business are dominated by nonprofit providers. Their payments are made by third parties, the government, private insurers and self-insurers.…
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…
When doctors make mistakes is an article which was written by Atul Gawande. The main point why Gawande wrote his article was because he wanted to bring out the real picture of what the medical officers are doing. He wanted to expose how medicine is disturbing and strange business since it is surprising and messy. He wanted to show the public that all doctors do mistakes when undergoing their day-to-day activities but these mistakes are usually unavoidable. Through this, he was trying to bring out the consequences that follow the mistakes that the doctors commit.…
Medical Malpractice refers to the problems and injuries that are caused by neglectful behavior of medical professionals. It refers to a situation where a medical professional either failed to provide an important care element to a suffering patient or when it can be established that the quality of the provided care fell below the agreeable standards of the society. Medical malpractice cases are important for people who suffer from neglect and good lawyers can provide compensation for the loss experienced by such people. Medical malpractice has become very common in the United States. According to the reputed Journal of the American Medical Association (JAMA), it is the third leading cause of death in the country.…
Brian Goldman is a physician who went on TedTalk, a set of global conferences, and discussed the issue of medical malpractice. In the video, Goldman explained how even in the medical community, there is a feeling of shame whenever a medical error does occur. “Shame, Guilt and Medical Error,” an article in the Huffington Post, explains the shame of making a medical error as well as the fear of admitting anything that could possibly lead to a malpractice lawsuit. There is also the emotional distress, depression or anxiety doctors may face daily. Instead of pointing fingers and keeping quiet, medical malpractice should be a national conversation seeing as how many of these errors are…