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This essay focus on Jose’s case, an 8-year-old boy who developed a permanent disability on his arm after a physician failed to perform a surgery in good time. The surgery was delayed because there was no anesthetist on call. The essay will determine if there were any elements…
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Download file to see previous pages... In other instances, the error may be a result of omission or negligence. For a practice or occurrence to be considered a medical malpractice, the patient must prove certain elements, which include liability, direct causal link, and damages. For an occurrence to fulfill the requirement of liability, the patient must prove that there existed a professional relationship between the health professional and the patient. This is often easy to proof. However, the patient must also proof that the health care provider concerned offered substandard care or was negligent. Depending on the circumstances, substandard care is at times not considered a medical malpractice. The next element that the patient is required to prove is that there were injuries, which directly resulted from the negligence or substandard care (Mor & Einy, 2012).
In Jose’s case, there was some of negligence since proper care was not provided in good time, which resulted in the injuries. It was clear that the permanent disability of his shoulder was due to the delayed surgery. In this particular case, the person who can be held responsible or liable is the emergency center physician since he understood the seriousness of the injuries. However, he failed to consider other measures since there was no anesthetist on call. He would have advised Jose’s parents on the seriousness of the problem and maybe they could have sought treatment elsewhere. The physician had foreseen the possible complications that could arise from the injuries but insisted that Jose’s waits until morning when the anesthetist would be available. Moreover, the physician did not inform Jose’s parents of the risks involved if the surgery was delayed. The parents could have opted for other options. Although the anesthetist who was not available, he was not on duty at the particular moment and was thus not ...Download file to see next pagesRead More
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