Amputation Mishap Negligence - Essay Example

A malpractice on the other hand occurs when a doctor, a hospital, or any other medical professional, causes an injury through omission or negligence to a patient. Malpractice can also be viewed as professional negligence, where a surgeon or any other professional testifies that his colleagues would regard his practice as not proper. All malpractice may involve negligence, although all negligence may not be malpractice. If a nurse fails to present medications as prescribed, and consequently the patient’s condition gets worse or results in death, the nurse will be indeed negligent.

In cases where a nurse fails to pay attention to his or her tasks or has inadequate skills, it may lead to a suit of negligence to one who does not give approved care standards (Helm, 2003). Good nurses know their obligations and communicate well with their patients and physicians. Such nurses are aware of board practices and regulations within legal guidelines. Most nurses have no issues with committing negligent acts provided and they adhere to the confines of required practices, protocols, and legal hospital guidelines.

I do agree with the article that what was practiced by the doctor, the hospital management, and the neighboring staff is total negligence. It is man’s nature to make errors at times, but mistakes that lead to harm on individuals could be perceived as negligence. In the Neighborhood newspaper, Mr. Benson’s amputation was an irreversible act. The doctor amputated the wrong leg, a fact that still remains a dream to Benson. The dilemma is whether the doctor was negligent in his practice or not.

Here, the doctor was definitely negligent. This is due to the reason that the surgeon did not act exactly the way any other surgeon would have acted if in the same practice. Worse of all, not all the measures were considered to make sure that the right leg be amputated. Several cases of the same type have happened in history and procedures invented so this mistake would not occur again. Surgery is to be carried out after the right procedures have been put in place. Staff members in the operating room have to take time in ensuring that the correct patient is in the room awaiting the right surgery.

In Benson’s case, the nurses at the neighborhood hospital kept quite on the case. If the nursing staff and the doctors in the operating room were keen on the practice, then this incident could not happen (Oberman, 1996). Quality documentation is vital in providing care and due to the present healthcare system; patients who claim to have sustained psychological or physical harm resulting from the negligence of their health providers can bring their lawsuits and claims to recover damages. A medical record acts as a legal document to be used by the injured patient for other legal proceedings or against other personnel since it is a permanent record.

Correct documentation in the medical records develops legal data which completely and accurately reflect the care offered to the injured patient. In a court of law, it acts like a witness who gives facets about the events. If there is no evidence from the records then it is assumed that the negligent act never happened. Documentation is also important to the health providers; especially in civil litigation where there is alleged nursing malpractice or negligence it can