Analysis of Medical Malpractice - Case Study Example

Comments (0) Cite this document
Summary
This study discusses the case in medical malpractice when Dr. Foster performed tear drainage surgery on Mr. Smith. Prior to the operation, Dr. Foster had told Mr. Smith that the operation carried a small risk of blindness, but that any other side effects were rare and/or minor…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.5% of users find it useful
Analysis of Medical Malpractice
Read TextPreview

Extract of sample "Analysis of Medical Malpractice"

Download file to see previous pages Mr. Smith signed a consent form but only agreed to the operation because Mrs. Smith had privately threatened to divorce him if he did not. ?As a result of the operation (which was competently performed), Mr. Smith’s tear drainage improved, but he suffered a side effect of poor night vision. The risk of night vision problems was 2 percent, but many doctors consider it a minor problem as it has a limited adverse effect (due to the fact that people are usually asleep at ? night) and the operation is highly effective at improving tear drainage. Mr. Smith is a taxi driver and insists that he would not have had the operation had he known the risk. He is no longer able to work at night and has suffered a loss of income. ?In July, Mr. Smith visited Dr. Zeus, his GP, complaining that his left eye was still sore. Dr. Zeus suspected cancer of the eyelid. The computers were down so Dr. Zeus wrote a note to his receptionist asking him to request a referral to a specialist for Mr. Smith, but the note got lost. As a result, the referral was delayed by 4 weeks. ?In August, Mr. Smith was seen by Dr. Foster who diagnosed an aggressive malignant eyelid cancer (which was unrelated to Mr. Smith’s previous tear drainage problem). Expert evidence is that symptoms of the eyelid cancer would have been visible to a reasonably competent ophthalmologist when the tear drainage surgery was performed. ...
??Here, within different realms of medical malpractice, each aspect of the case will be discussed. Mr. Smith—who seeks financial compensation and complains about his treatment—will be advised to point out all of the following elements to the General Medical Council. II. Negligence Basically, there are four components or criteria of negligence which must be met in order to establish that a patient has a case for medical malpractice (or any kind of tort) (Donoghue v. Stevenson, 2011, pp. 1). Donoghue v. Stevenson was a classic case in the sense that the plaintiff had found snails in her bottled beverage, and claimed that the company owed her damages due to negligence. In a similar manner, Mr. Smith has every right to be upset with not only Dr. Foster, but Mrs. Smith, Dr. Zeus, and Dr. Zeus’s obviously incompetent staff. First of all, Dr. Foster should have mentioned that there was a 2 percent chance that his night vision might be affected. Failure to alert him to this fact is definitely negligent on his part. In addition, Mrs. Smith, his wife, is not only involving herself in the criminal behavior of blackmailing her husband to have the surgery or else divorce him—but she is also criminally liable as a tortfeasor (a person who commits a tort) because she was a consultant ophthalmologist overseeing the surgery superior to Dr. Foster, and she did not report the fact that she saw cancer on her husband’s eyelid. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Essay on Medical Malpractice Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved from https://studentshare.org/law/1440929-medical-malpractice-negligence-competent-capacity
(Essay on Medical Malpractice Example | Topics and Well Written Essays - 3000 Words)
https://studentshare.org/law/1440929-medical-malpractice-negligence-competent-capacity.
“Essay on Medical Malpractice Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/law/1440929-medical-malpractice-negligence-competent-capacity.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Analysis of Medical Malpractice

Medical Negligence and Malpractice

..., they are bound to providing proper medical treatment. As Keir et al (2007, p.33), providing detailed and the best possible care to their patients is what actually constitutes proper and efficient practice of medicine. If in case the professional fails to deliver the kind of service that would be given in any normal circumstances then it is referred to as Medical Negligence (Barnes, 2001, p.113). In such a case, if the patient suffers an injury due to the doctor’s negligence of medical professional, then the patient reserves the right to sue the medical professional against medical malpractice (Bardale 2011, p.23) In the recent times of...
12 Pages(3000 words)Essay

Medical Malpractice Research Paper

...Medical Malpractice Introduction The relationship between a patient and a doctor has been outlined differently over the years. While patients often trust doctors and other medical practitioners to provide them with correct medication or to carefully perform the right procedures on them, sometimes this never happens in which case medical malpractice occurs. Professionally, medical malpractice is negligence by omission or act by a medical practitioner in which the practitioner provides care that is not in line with the acceptable standard of practice as defined by the...
6 Pages(1500 words)Research Paper

Malpractice in the Medical Field

...?Malpractice in the medical field In the contemporary practice, premiums in the medical malpractice have reached their apogee. Doctors are leaving their profession in large numbers. Those that have stayed in the field of medicine are overwhelmed with silence and fear. Perplexed and outraged doctors march over the state capitols. It is generally believed that all of these various negative pictures of the contemporary medical field can fundamentally be attributed to the explosion of medical malpractice litigation whereas in reality, more and more people are falling prey to the medical malpractice. The real cause of all this unrest is the increased competition in the insurance industry and the recent financial trends. Analysis... It is...
4 Pages(1000 words)Research Paper

Federal Medical Malpractice Reform

...? Federal Medical Malpractice Reform of Institute: Outline 0 Introduction 2.0 Key Concepts of Federal Medical Malpractice Reform 3.0 Driving and Restraining Forces 4.0 Stakeholders, 5.0 Contributing Factors that Led to Failure. 6.0 Conclusion 7.0 References Federal Medical Malpractice Reform There have been rapid and recent developments in the American medical health care systems that have warranted review of various sectors for instance, Health Care Law. Prime amongst them medical liability system whose role in driving up patient’s medical expenses has not gone unnoticed. The American...
8 Pages(2000 words)Case Study

Medical Malpractice

...? Medical Malpractice Medical Malpractice Medical malpractice is a very common issue faced by the medical practitioner in the United States. It has been assessed that a physician has a risk of facing a claim of medical malpractice at least once over a period of seven years. A research was conducted by the efforts of researchers from Harvard and USC in collaboration with The Doctors Company that is marked to be one of the best malpractice insurance companies in the United States. The results of the study revealed the fact that medical practice claims serve...
4 Pages(1000 words)Research Paper

Medical Malpractice

...Running head: Medical Malpractice Case Law MEDICAL MALPRACTICE CASE LAW - AN ANALYSIS of the _________________________________ Student ID No.: _____ Program: _________________________________________ (course or educational curriculum) Specialization: ____________________________________________ Faculty Mentor/Professor: Name of school ___________________________________________ Abstract There have been volumes of court cases involving medical malpractice. While some acts being charged are usually not intentional, the degree of imprudence has to be always assessed if the same amounts to negligence and may thus be adjudged...
8 Pages(2000 words)Case Study

Medical Negligence and Malpractice

.... (2001). Medical Malpractice: A Comprehensive Analysis. Westport, CT: Auburn House. Breen, K. J., Plueckhahn, V. D., & Cordner, S. M. (1997). Ethics, Law, and Medical Practice. St. Leonards, N.S.W.: Allen & Unwin. Byrd, W. M., & Clayton, L. A. (2000). An American Health Dilemma, V.1: A Medical History of African Americans and the Problem of Race, Beginnings to 1900 (Vol. 1). New York: Routledge. Fielding, S. L., & Waitzkin, H. (1999). The Practice of Uncertainty: Voices of Physicians and Patients in Medical Malpractice Claims. Westport, CT: Auburn House. Fielding, S. L., & Waitzkin, H. (1999). The Practice of...
12 Pages(3000 words)Case Study

Medical Negligence & Malpractice

...Medical Negligence & Malpractice Like every profession, medicine has its own set of professional ethics. These would essentially be based on the relationship of trust between a medical practitioner and his patient. The issue on medical ethics arises from the age-old Hippocratic oath which all doctors have to swear by before entering the profession. The basis on which medical ethics developed can be broadly divided into two theories: (1) Religious Theory Medicine and religion have been intertwined from the earliest times with priests performing the role of physicians as well. The common feature amongst religious theories is the vision of man as involved...
13 Pages(3250 words)Essay

Medical Malpractice

...court’s determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an executed waiver of service and did not formally serve Dr. Liese before the statutory deadline, we affirm.1 E. Locate a US Supreme Court (Federal court of appeals) decision & copy the 1st page of the case & summarize the facts, issues and holdings of the court. Date: 11-13-2009 Case Style: Doris Penrod v. David R. Schecter, M.D., Individually and d/b/a Schecter and Blumenfeld, P.A. Case Number: 08-07-00121-CV Judge: McClure Court: Texas Court of Appeals, Eighth District on appeal...
4 Pages(1000 words)Case Study

Informed Consent in Medical Malpractice

...Running Head: INFORMED CONSENT IN MEDICAL MALPRACTICE Informed Consent in Medical Malpractice Insert Insert Grade Insert December 10, 2010 Outline Medical malpractice Standard of Care for medical practitioners Informed Consent Competency Information Voluntariness Exceptions Michigan Cases of Informed Consent in Medical Malpractice Law How to mitigate potential claims Conclusion Informed Consent in Medical MalpracticeMedical malpractice is negligence, said to take place the time a medical specialist acts...
9 Pages(2250 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Analysis of Medical Malpractice for FREE!

Contact Us