Running head: MALPRACTICE MANUAL 1 Malpractice Manual Kristi Palmer, Jantell Cansler, Tiara Smith, Sarah Farnsworth, France Shockley HCS/545 December 14, 2015 Kelly Gantt
MALPRACTICE MANUAL 2 Malpractice Manual Introduction Impact of Malpractice in Healthcare Analyze the stages and impact of malpractice in health care (provide examples of malpractice cases and their impact on health care). – Tiara Malpractice in healthcare effects physicians’ behavior. Physicians are performing more defensive approach to medicine. Physicians are running extra test and requesting possibly unnecessary labs because of the rising malpractice suits. Some physicians have also failed to report incidents, hesitate to release incidents of patients, and avoiding high risk patients in fear of being sued (Renkema, Broekhuis, & Ahaus, 2014). At Rhode Island Hospital, they were responsible for performing brain surgery on the wrong side of the brain, three times in the same year. The first case, the doctor failed to mark the side of the brain to operate on. The second incident, the doctor never filled in which side had the blood the clot, the man died shortly after the surgery. The third case, the chief resident neurosurgeon and nurse both clarified which side of the brain was to be operated on and still operated on the wrong side (Griffin, 2013). Malpractice cases start with consulting an attorney to discuss the facts. Then there is an investigation to prepare a case with medical records. The next step in a malpractice case is tribunal; the tribunal has a judge, physician, and attorney. They will review the case and see if there is enough evidence to continue. If there is enough information the case will go to discovery. This is the part in the case where both parties can receive information and documentation from the other party. After discovery, there is settlement. Settlement is optimal because the physician can agree to pay a certain amount to settle the case; in a trial the outcome is unknown. If a settlement cannot be agreed upon, the case will go to trial. Both parties present arguments and provide evidences, and then jury will decide if the physician acted negligently. If they find that
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