Preview

Malpractice Suit Essay

Good Essays
Open Document
Open Document
910 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Malpractice Suit Essay
People face difficult decisions while seeking medical care and treatment. When going through the health care system, it's important to have an understanding of patient rights and the laws and legal system protecting patients.
• Statutes for a child from birth to 21 years of age are open for how long?
• How long does a person have to file a malpractice suit?
• Can a community or state hospital be named in a suit?
• Are incident reports protected from any type of suit?
• When a religion restricts medical treatment, can the healthcare professional override the families decision?
• When can a person make legal decisions for a patient who is unable to speak for themselves?
• Is an organization libel for injuries that occur on the grounds of the organization?
Civil Law in Healthcare Civil law in healthcare is where a healthcare professional makes a mistake or error in care or treatment of a patient, but it does not violate a …show more content…
As healthcare professional, who is accused of violating the rules or procedures set by government agencies might be charged with an administrative law suit. Charges are brought about by a committee, for example, such as the Missouri Board of Nursing, and an administrative hearing would be required putting ones license or privileges at stack. An allegation must be made against a healthcare professional, where a peer review or an investigation or, into the allegation is performed. For example, if a nurse documents that a narcotic was given to a patient, but actually takes the medication themselves, a charge and investigation will in sue, where the professional will meet with a hearing board from that governmental agency. The outcome from the charges would include revocation, suspension, or reinstatement of that healthcare professional’s
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Khajavi v Feather River Anesthesia Medi
    • 1548 Words
    • 6 Pages

    Khajavi v Feather River Anesthesia Medi

    Shortly after plaintiff Nosrat Khajavi (Khajavi), an anesthesiologist, and defendant, Robert Del Pero, a surgeon, engaged in an altercation over the wisdom of proceeding with a particular surgery, defendant Feather River Anesthesia Medical Group (Feather River) terminated Khajavi’s employment. At trial, the court non-suited Khajavi’s claims that defendants Feather River and Robert Del Pero had discharged him, and conspired to discharge him, in violation of public policy -- that is, in retaliation for advocating “medically appropriate health care” in violation of Business and Professions Code section 2056.…

    • 1548 Words
    • 6 Pages
    Good Essays
    Read More
  • Powerful Essays

    Unit 1 Open Book Questions
    • 1049 Words
    • 5 Pages

    Unit 1 Open Book Questions

    What is the proper procedure a nurse must follow when reporting unethical behavior? (See page 32 in your textbook.)…

    • 1049 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Hscd Level 2 Unit 204
    • 619 Words
    • 3 Pages

    Hscd Level 2 Unit 204

    Dilemmas may arise between duty of care and an individual’s rights if a service user refuses medication or personal care. An individual may want to do something that is dangerous or risky. They have the right to have the choice to do this and I must respect their rights but I also have a duty to keep them safe.…

    • 619 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Helling V. Carey
    • 4538 Words
    • 19 Pages

    Helling V. Carey

    Rarely any physician intends to harm patients when he or she provides treatment to them. Patients see physicians and specialists in full faith that they will get help with a condition. What complicates the patient-doctor relationship is that the outcome of each patient’s treatment is different because of individual health conditions and the course of treatment chosen by the doctor. Problems arise when a patient is not satisfied with care provided by the doctor or in extreme cases when a patient dies. Since most of the time it is hard to clearly determine whether the outcome was solely a result of the course of treatment chosen by the doctor or whether other factors played a role too, quite often patients take their grievances to court to seek justice. What makes these kind of cases complicated is the “What would have been if…?” scenarios where one can only guess what the outcome of the treatment would have been had a different course of treatment been chosen because the proximate causes of injuries are not easy to determine.…

    • 4538 Words
    • 19 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Assignment 2: Regulatory Issue In Health Care
    • 852 Words
    • 4 Pages

    Assignment 2: Regulatory Issue In Health Care

    It should be noted that the core values pertaining to healthcare ethics require the healthcare staff to adhere to the four principles of autonomy, beneficence, justice and nonmaleficence. Autonomy or independence revolves around honoring the right of patients to make their decisions, whole nonmaleficence revolves around doing no harm. Beneficence underlines the requirement that the patient is assisted to advance his own good, while the principle of justice requires all patients to be treated in a similar and fair manner. In essence, it goes without saying that the healthcare institution was acting in violation of the same principles that it is supposed to adhere to in the provision of healthcare services to patients. Of course, it could be argued that the healthcare institution was operating within the established laws of the state and possibly the country at large. However, it should be noted that the key right of the patient and, in fact, every other citizen in the country is to ensure that no harm is caused to the patient and that the autonomy and independence of the citizen and patient to make decisions pertaining to his or her life is nonnegotiable. Indeed, scholars have…

    • 852 Words
    • 4 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Agency Overview
    • 417 Words
    • 2 Pages

    Agency Overview

    The Board is responsible for investigating patient complaints against physicians and when appropriate, taking disciplinary action against their licenses. This means that if a patient has a complaint about a specific doctor or a medical facility, the Board will review the complaint and then investigate the situation. Appropriate discipline will be administered, ranging from practice restrictions to revocation of their licenses.…

    • 417 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Ethical Decision in Assisted Suicide
    • 666 Words
    • 3 Pages

    Ethical Decision in Assisted Suicide

    Flight, M. (2011). Law, Liability, & Ethics for Medical Office Professionals (Fifth Edition ed.). Clifton Park, NY: Delmar.…

    • 666 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Effects of Tort Reform in Texas
    • 590 Words
    • 3 Pages

    Effects of Tort Reform in Texas

    The 2003 statue caused health care administrators (physicians, hospitals and malpractice insurers) millions of dollars richer by devaluing the claims of injured patients. The detailed chart below shows how Physicians’ liability insurance premiums have continued to drop since the passage of tort reform. The reduction in liability insurance premiums provides a complete redistribution of wealth from malpractice victims to the proponents of tort reform.…

    • 590 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Professional Regulations and Criminal Lability
    • 896 Words
    • 4 Pages

    Professional Regulations and Criminal Lability

    * Health care is a vast ever-changing demand in the United States. Because of that high demand, quality has been a concern for many patients. Each day patients put their health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to file a civil complaint against that provider that caused the injury. Some possible reasons for civil complaints are that personal information for a patient was shared without proper consent, negligence, or assault. These injuries are covered under Tort Law. This essay will identify a civil complaint process that patients may follow in the event of misconduct or incompetence by a provider. The role of the regulatory agencies to investigate the allegations of the misconduct will be discussed along with how they apply disciplinary actions if warranted. Potential criminal liabilities, risk management strategies, quality assurance programs to reduce the risk of liability and the process to follow in the event that charges are filed against a provider will all be identified.…

    • 896 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Nurse Practice Act
    • 429 Words
    • 2 Pages

    Nurse Practice Act

    Activities that can lead to disciplinary action of a nurse: denial, suspension, of revocation of license – Unprofessional conduct including Misappropriating drugs, engaging in fraud, testing positive for drugs, Discrimination on the basis of race, creed, religion, sex, age or national origin, in the rendering of nursing services as it relates to human rights and dignity of the individuals,…

    • 429 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Professional Regulations and Criminal Liabilities
    • 1599 Words
    • 7 Pages

    Professional Regulations and Criminal Liabilities

    Consumer concerns have increased over the past few years because of the dramatic changes in health care information and its’ delivery (Benfield, Ashkanazi, Rozensky 2006). Each day patients put their physical health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to lodge a complaint against that provider. Included in the possible reasons for civil complaints is the sharing of personal information, negligence, or assault. These injuries are considered civil wrongs and are covered under Tort Law. In recent years, with the advances in technology, patient privacy has become imperative. In order to protect patient privacy the Health Insurance Portability and Accountability Act of 1996 was enacted, and is part of the Department of Health and Human Services, regulated by the Office of Civil Rights. Health care providers must take care to protect the privacy of their patients at all times. HIPAA regulations provide a guideline to help protect not only the patient, but also employees, from divulgence of their personal information to non-involved third parties.…

    • 1599 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Hipaa Violation
    • 1543 Words
    • 7 Pages

    Hipaa Violation

    In the health care business, there are certain standards and laws that have been put in place to protect our patients and their personal health information. When a health care facility fails to protect their patient’s confidential information, the US Government may get involved and facilities may be forced to pay huge sums of money in fines, and risk damaging their reputation.…

    • 1543 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    law case
    • 427 Words
    • 2 Pages

    law case

    The incident of February 15th, Mr. Kevin Hyer; the registered nurse of Nittany Regional Medical Center, leaving his patient in gurney and refused to move his assigned patient as a result of “self-protection”, is carefully reviewed by assigned third party arbitrator. It is understood that any claim of medical malpractice, including any claims from Nittany Regional Medical center, arbitration party has carefully reviewed of legal laws and previous similar cases prior to binding this arbitration clause.…

    • 427 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    A Critical Regulatory Issue in Health Care
    • 949 Words
    • 4 Pages

    A Critical Regulatory Issue in Health Care

    Ethical problems within hospitals and other facilities has been an ongoing issue for around 35 years. With the fast growth of technology and new medicine, the financial structures that could possibly create more financial concerns. The organizational effects of these issues will start looking at the quality of health care. In the economy, the demand from consumers and the production costs will help guide and form a firm structure. Many health care organizations need to use good thinking tasks to make proper decisions. More issues include: patient autonomy, termination of patient treatment, advance directives, confidentiality, and informed consent.…

    • 949 Words
    • 4 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Ways To Prevent Medical Malpractice Essay
    • 469 Words
    • 2 Pages

    Ways To Prevent Medical Malpractice Essay

    Medical Malpractice can be called as a professional negligence by omission or by act. It happens everywhere in the world. Each year are brought against doctors between 15,000 and 19,000 malpractice suits. Some medical mistakes can't be avoided due the fact that patients do not have control of,but others can be avoided with the proper care. Let's have a look at things we can do in order to prevent medical malpractice.…

    • 469 Words
    • 2 Pages
    Satisfactory Essays
    Read More

Related Topics