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Hence, prompting both the institutions and respective professionals incur huge expenses when the affected decide to lodge pricey as well as complicated lawsuits demanding justice. It is due to this reason regimes like US has come up with reforms meant to govern and even determine these incidences for appropriate restitution of the affected people. However, due to the complexity of these incidences and their extending factors have rendered them multifarious to the extent the involved parties some do not get justice. Since, numerous cases end up dismissed besides the accused that include the professionals and their respective employers incur extremely high defense expenses.
According to Carroll, Parikh and Buddenbaum (2012), US regimes that have ever took power their core concern encompassed ensuring accessibility of the healthcare by masses but not in ensuring balance in all its sectors. This is especially in terms of either negligence or malpractice cases whereby to date there are no effective factors meant to ascertain equitable restitution. Since, once there is a malpractice case and results to dismissal, dropped or withdrawn end up being approximately seven times pricey compared to that has gone to trial. Hence, to the side of insured and insurer turning to be a shortcoming without considering when the incident occurred one may not have resulted to doing it calculatedly.
Carroll, A. E., Parikh, P. D., & Buddenbaum, J. L. (2012). The Impact of Defense Expenses in Medical Malpractice Claims. Journal Of Law, Medicine & Ethics, 40(1), 135-142.
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This paper will discuss the issue related to how pharmaceuticals have gone stray from their focus of preventing from diseases to a money making business. It will also discuss tactics deployed by some companies, such as; creating fear of new diseases, releasing untested drugs, testing their drugs in poorer countries, prescribing medicines meant for adults to children and infants, prescribing medicines to chronic patients which have not been tested for long term usage, imported drugs and many others.
Specifically, the following questions would be answered: (a) if you were the nurse in this situation, what ethical principles would guide your practice? And (b) how would you document the case to satisfy ethical and legal requirements? Negligence Background based on the Scenario The facts from the given scenario indicate the case of a 62 year old, diabetic patient, Joseph Benson, who supposedly underwent an amputation of his leg just below the left knee.
Such personnel fail to help the injured to cover their medical bills, pain, suffering, and lost wages. Gross negligence is far serious than just simple carelessness. Whereas regular negligence is viewed as a professional falling below his expected care standard, gross negligence is a total failure to demonstrate care that implies a willful disregard or recklessness for human life and safety.
They can achieve this when they employ varies communication approaches. Some of the strategies entail acknowledging the legal, professional, and ethical aspects in the health care settings. It also involves working within the framework arising from these aspects.
The implications it has made to the healthcare arena are creating millions of debates on whether it has really brought goodness to both clients and health care professionals alike. On the authors own opinion the principle that governs medical malpractice, that encompasses nurses and all other health care professionals, is advantageous on its essence but tons of considerations has to be taken otherwise.
Such negligence also occurs by failure to act by practitioners with knowledge of the situations but instead deviate from laid down protocols and procedures without valid reasons, resulting in patients’ injury or death. Medical malpractice is a demonstration of disregard in a medical practitioner’s professional and licensed faculty, illustrated by not adhering to standards of practice and causing harm or death (Leonhardt, 2009).
In addition, the hospital facility had previously implemented a computerized system that could facilitate in the narcotic distribution process in the facility. In this case, every nurse in the health facility has the personal responsibility of documenting the time, details and dosage that has been administered to each patient.
These signs persist despite the tremendous efforts of nursing educators, trainers and campaigners to inform practicing and student nurses about their personal, legal and professional responsibilities and limitations (Phillips et al., 2004). Quite apparent in these campaigns, education, training is the distinction among malpractice, negligence, and gross negligence.
The author states that medical ethics based on religion have a clear sense of fundamental values. In the Christian tradition these include a strong belief that human life is a divine gift which cannot be disposed of by mortals. It is often seen as wrong to interfere with the manifest destiny which has been prepared for man.
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