1 Malpractice Manual Team D: HCS/545
2 Our team has been assigned with the responsible for developing a manual on the impact of health care malpractice. An analogy of the stages and impact of malpractice in health care with examples will be explained. The process of availability after adverse medical events in health care will be discussed. Within the manual there will be a description of the legal requirements of health care reform and their impact on patient care will be outlined. Suggestions of what strategies could be put into to avoid malpractice are given. Malpractice Manual The Stages and Impact of Malpractice Malpractice seems to be more of an issue in health care now than in years past. Guido (2010) defines malpractice as “any professional misconduct, unreasonable lack of skill, or fidelity in professional or judiciary duties. Moreover, this wrong or injudicious treatment results in injury, unnecessary suffering, or death to the injured party, and proceeds from ignorance, carelessness, want of proper professional skill, disregard of established rules and principles, neglect, or a malicious or criminal intent” (p. 93). According to the Institutes of Medicine (IOM), at least “44,000 people, and perhaps as many as 98,000 people, die in hospitals each year as a result of medical errors that could have been prevented” (1999, p. 1). A malpractice occurs when there is a breach in any of the following six elements: the duty owed the patient, foreseeability, causation, injury, and damages (Guido, 2010). According to Allen (2007), most common malpractice claims in health care are due to failure to follow standards of care, inability to communicate, failure to document, and failure to assess and monitor. The stages of malpractice involve consultation with an attorney, investigation, a tribunal, discovery, settlement, and a trial if the case is not settled at the settlement level. Several
3 malpractice cases have reached the final stages of a trial. Some of these include Santillan v. Duke University Hospital, Houghton v. West Los Angeles VA Medical Center, Sherman Sizemore v. Raleigh General Hospital and Kim Tutt v. Robert B. Wells (Griffin, 2013). In Santillan v. Duke University, the patient received wrong heart and lung transplant at the tender age of 17. In the case of Houghton v. West Los Angeles VA Medical Center, the wrong testicle was removed from the patient. Sherman Sizemore v. Raleigh General Hospital, the patient woke up prematurely during surgery and died a few weeks later as a result of post- traumatic stress from his surgical experience. In Kim Tutt v. Robert B. Wells, the patient was
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- Fall '14