may be at disproportionate risk, compared to the average
population, of
experiencing preventable adverse events, including
permanent disability and even
death.
Arturo’s cultural background had a great impact on his care in regard to his communication due
to his language barrier.
Arturo did not speak English therefore he was unable to communicate
with Dr. Ricketson and the Hilo Medical staff effectively.
Arturo may have not fully understood
the risks and the benefits of what the surgery entailed A translator should have been provided to
explain the procedure, surgery, and post-surgical care.
If patients believe they are not getting
quality of care due to their cultural backgrounds, then faith in the healthcare system is lost and
patients will seek alternate treatment and care.
Accountability
The outcome in this case determined that both Dr. Ricketson and the Hilo Medical Center
were negligent in the care of Arturo Iturralde.
The Estate of Arturo Iturralde was granted
$5,517,500 in damages due to malpractice.
Dr. Ricketson was held 65% liable for damages
while Hilo Medical Center was held to 35% liability in the malpractice case.
Hawaii
Orthopaedics reached a good faith settlement for $200,000 plus a promissory note in this case.
Medtronic Sofamor Danek was found not liable for any of the claims.
Medtronic was found not
liable in any of the claims because upon arrival of the M8 Titanium CD Horizon Kit at Hilo
Medical Center, the hospital staff failed to inventory the contents of the kit.
Policies and
9
MILESTONE ONE
procedures were violated, deviation from the standard of care and scope of practice were
consistent throughout this patient’s care. In this case, Dr. Ricketson and the Hilo Medical Center
were negligent in the care of Arturo Iturralde therefore were held accountable for their actions.
References
10
MILESTONE ONE
Fremgen, B.
(2016).
Glossary.
In B. Fremgen.
Medical Law and Ethics
(pp. 385-
389).
United States: Pearson Education.
Fremgen, B.
(2016).
Essentials of the legal system for healthcare professionals.
In B.
Fremgen.
Medical Law and Ethics
(pp. 61).
United States: Pearson Education
Johnstone, M. J., & Kanitsaki, O. (2008). Cultural racism, language prejudice and discrimination
in hospital contexts: An Australian study.
Diversity in Health & Social Care, 5
(1), 19-30.
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LCmr1CeqLFSsqq4SrWWxWXS&ContentCustomer=dGJyMPHe34jn6O1T69fnhrnb4os
A
Leonard, J. (2018).
FindLaw's Intermediate Court of Appeals of Hawaii case and opinions.
Retrieved from
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appeals/1597588.html
Suszek, A. (2017). What is medical malpractice? AllLaw.Retrieved from
Introduction to medical equipment inventory management.
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