Amputation Mishap
Amputation Mishap
The Neighborhood News reports of a medical error at The Neighborhood Hospital. The report states a 62 year-old male patient underwent surgery to have his leg amputated only to discover the wrong leg was amputated during surgery. The newspaper article states the mishap is negligence. In the following paragraphs, negligence, gross negligence, and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and nursing documentation regarding such issues are also discussed.
Negligence and malpractice fall under the tort laws definition. According to Guido (2010), “Torts are civil wrongs, not based on contracts, but on personal transgressions in that the responsible person performed an action incorrectly or omitted a necessary action” (p. 92). Tort laws are based on fault and in a health-care setting, tort laws are the most common.
To determine if the above scenario results in negligence, gross negligence, or medical malpractice, one must understand the definition of each. According to Guido (2010), negligence is a general term and “equates with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances” (p. 92). According to Judson and Harrison (2006), four key elements (four D’s), must be present to prove negligence (p. 101):
1. Duty: The person charged has a duty to provide care to the patient. Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances.
2. Dereliction: The person charged breaches the duty of care to the patient.
The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation; therefore a breach of duty has occurred.
3. Direct cause: The breach of duty is a direct cause of injury to the patient.
The wrong leg is
The Neighborhood News reports of a medical error at The Neighborhood Hospital. The report states a 62 year-old male patient underwent surgery to have his leg amputated only to discover the wrong leg was amputated during surgery. The newspaper article states the mishap is negligence. In the following paragraphs, negligence, gross negligence, and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and nursing documentation regarding such issues are also discussed.
Negligence and malpractice fall under the tort laws definition. According to Guido (2010), “Torts are civil wrongs, not based on contracts, but on personal transgressions in that the responsible person performed an action incorrectly or omitted a necessary action” (p. 92). Tort laws are based on fault and in a health-care setting, tort laws are the most common.
To determine if the above scenario results in negligence, gross negligence, or medical malpractice, one must understand the definition of each. According to Guido (2010), negligence is a general term and “equates with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances” (p. 92). According to Judson and Harrison (2006), four key elements (four D’s), must be present to prove negligence (p. 101):
1. Duty: The person charged has a duty to provide care to the patient. Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances.
2. Dereliction: The person charged breaches the duty of care to the patient.
The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation; therefore a breach of duty has occurred.
3. Direct cause: The breach of duty is a direct cause of injury to the patient.
The wrong leg is
References: Guido, G. W. (2010). Legal & Ethical Issues in Nursing (5th ed.). University of Phoenix eBook Collection database. Judson, K., & Harrison, C. (2006). Law & Ethics for Medical Careers (5th ed.). Larson, K., & Elliott, R. (2010, March-April). The Emotional Impact of Malpractice. Nephrology Nursing Journal, 37(2), 153-156 Prideaux, A. (2011). Issues in Nursing Documentation and Record Keeping Practice. British Journal of Nursing, 20(22), 1450-1454 The Neighborhood- Pearson Health Science. The Neighborhood News. Retrieved October 1, 2012, from