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Legality of Risk Management - Essay Example

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Legality of risk management Introduction Hospital organizations are entities and are subject to laws and regulations such as law of persons that stipulate rights and obligations of hospitals as organizations and hospital employees as individuals. Negligent tort is one of the common liabilities that are incurred in hospital ‘set-ups’…
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Download file to see previous pages The paper will also evaluate the outcome of the case to determine what possible measures could have been taken to avoid the negative developments that ensued. Analysis of the case Facts The plaintiff was admitted in an emergency unit after suffering from seizures. Upon arrival, the seizures were stopped by medication with a recommendation that the child be scanned for a possibility of brain bleeding. This meant that the child would be moved for the scan before a transfer to another hospital. As a result, the child was transferred to a portable monitor. The hospital records did not however indicate application of the portable monitor. Further, the nurses who attended to the child never recalled application of the portable monitor or any response from a monitor such as monitor alarms. The monitor was later realized to have been faulty. As a result, the child died, without the knowledge of the personnel, from a cardiac arrest that could be expected from a person who had suffered from seizures. Damages of $ 3662221 were reportedly paid (Nso, p. 1). Standard of care The case illustrates the tort of negligence in healthcare. Negligence is defined as the failure by a person to exercise a duty of care owed to another party leading to a legal damage. A proof of negligent case must therefore satisfy some essential elements. The first essential element in a negligent tort is the existence of duty of care owed by one party to another. The party must have failed in exercising the duty of care, through omission or commission, leading to a legal injury. Further, the injury must be capable of remedy and must be related to the defendant’s acts. Based on the facts of the case, there existed a required standard of care by the hospital to the plaintiff. The legal scope of a person’s right to life particularly established a duty of care in the case and could be explored through a medical institution’s expected standard of care in handling patients. Professional standard of care was therefore expected of the hospital personnel to ensure that all necessary measures were taken to save the child’s life. This standard of care meant that procedures in treating the child as well as the facilities used in the process should have met minimum standards expected of a hospital. Such standards of care would include application of efficient equipments such as the monitors that would offer reliable updates of the patient’s condition. Knowledge of the importance of such facilities also induces a standard of care to ensure that such facilities are maintained for efficiency. Similarly, a minimum standard of care is expected from medical personnel based on a patient’s condition. A patient whose status is critical for instance requires constant monitoring to ensure that the patient is free from any danger. This means that the hospital personnel ought to have checked the monitors for continuous updates as well as monitoring the child’s state. The professional scope of a hospital environment together with the child’s critical condition therefore induced a high standard of care on the hospital and its personnel (Nso, p. 1; Daniels and Daniels, p. 148, 149). Duty of care The duty of care of healthcare personnel to a patient is established alongside the contract for provision of the care. As a result, it is only sufficient to prove that there existed a contract between the parties and the fact that healthcare ...Download file to see next pagesRead More
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