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Medical Malpractice Component: Legal
Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient is considered malpractice. Medical practice often involves more than just a poor outcome for the patient. Dr. Ricketson didn’t make sure that “all” of the equipment needed for surgery was there, before starting the surgery.It may reflect inexcusable lapse in judgement by a medical professional that results in serious injury and even death for the patient (Fremgen, 2013). Dr. Ricketson had a legal duty to perform the correct surgery on Arturo’s back. Dutytakes place when there is an obligation established between the physician and the patient. Dereliction of dutyoccurs when the physician or healthcare provider failed to provide a correct standard of care to the patient and, therefore, has not met the duty. Direct or proximate causeis the dereliction or breach of duty was the direct cause of the patient’s injury. Damagesare the injuries caused by the defendant for which compensation (financial or otherwise) is due (Fremgen, 2013). Dr. Ricketson’s behavior in deviating from standards of protocols in the operating room, shows a breach between the physician/patient relationship.Medical Malpractice Component: Malpractice PoliciesUniversal Protocol is recommended by the World Health Organization in their Guidelines for Safe Surgery and the components of the Universal Protocol are detailed in The Joint Commission's National Patient Safety Goals. The Universal Protocol is based on the fact that wrong-site, wrong-procedure, and wrong-person surgery can and does happen and must be prevented. When patients undergo deep sedation or general anesthesia, they are at an increased risk for injury because they can’t participate in their own care or ensure their own safety. Perioperative team members should follow the Universal Protocol for all nonsurgical and surgical invasive procedures and complete each of its components: preprocedure verification, site
marking, and time out (Spruce, 2018). Dr. Ricketson didn’t follow universal protocols, he did
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Tort Law, Health care provider, Medical malpractice, Dr. Robert Ricketson