Medical Malpractice Component 1
RUNNING HEAD: MILESTONE ONE: MALPRACTICE CASE In order to win a negligent case it is important for the plaintiff to prove four elements. They are duty, breach, cause and harm. Once Dr. Ricketson made a diagnosis and agreed to perform surgery on Mr. Iturralde, he had a responsibility to give him good care. Dr. Ricketson breached their contract when he did not put the correct equipment into Mr. Iturralde’s spine. The screwdriver shaft that was placed into Mr. Iturralde’s spine was never approved to be implanted into a human spine. When Mr. Iturralde suffered another fall after surgery the screw driver shaft shattered causing him harm. He needed more surgeries to fix this mistake and his health declined significantly. The standard of care is the type of reasonable and appropriate level of care that an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community (Fremgen, 2016, p. 61-62). In this case, Dr. Ricketson did not uphold the standard of care for this patient. What he discussed with Arturo prior to surgery was not what occurred and to make it worse, he did not tell Arturo after surgery that the titanium rods were never implanted in his spine. When this case was in court, Dr. Ricketson denied that the level of care he provided for this patient was below standard. HMC also displayed negligence because although Dr. Ricketson in the past had a history of serious professional problems and did not disclose them to HMC, they still granted him hospital credentials. Dr. Ricketson was required to follow professional standards. He was not supposed to implant anything that could harm the health of the patient. Prior to surgery Dr. Ricketson did not confirm all the appropriate parts were available at the hospital and in the operating room prior to sedating the patient and starting the surgery.
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- Fall '18
- Health care provider, Dr. Robert Ricketson