MEDICAL

MEDICAL MALPRACTISE

MALPRACTICE
CASE STUDY

CASE STUDY

By
Akshaya
M2159
 INTRODUCTION

 Medical malpractice happens when a doctor or other medical professional injures a patient by
providing negligent medical care by making an error regarding surgery, treatment, or diagnosis.
 The most common preventable medical errors that may lead to medical malpractice claims include:

 Misdiagnosis. Failure to diagnose an illness is a common medical mistake. The most commonly
misdiagnosed conditions are heart attack and cancer. The failure to diagnose life-threatening
conditions can have devastating consequences and cause catastrophic injuries.
 Surgical errors. Whether the surgical team left tools or sponges inside the body during surgery, the
wrong side or site was operated on or even performed on the wrong patient. Surgical errors are
another common medical mistake.
 Failure to treat. This error occurs when the doctors correctly diagnoses a condition, but then fails to
treat it in accordance with the acceptable standard of care for that condition. Discharging a patient
too soon, or the lack of follow up care, can make conditions worse and lead to injury.
 Birth injuries. A significant portion of medical malpractice claims are against OBGYNs for childbirth-
related medical mistakes. Conditions such as shoulder dystocia or other nerve damage, spinal cord
injuries, cerebral palsy and cephalohematoma are common birth injuries that could have been
caused by medical errors.
 Prescription drug errors. Doctors make errors in prescribing the wrong medication, incorrect dosing
and administration of prescription drugs. Other drug errors include prescribing drugs that can cause
harm in the patient when they interact with one another.
 SOME CASES OF MALPRACTICE
 The First Medical Malpractice Case in the United States
 Domestically, the first medical malpractice case occurred in 1794. The suit alleges that a doctor
promised to perform an operation on his wife in a skillful, safe manner, but failed to do so. The
plaintiff won the case, receiving an award of 40 English Pounds.
 Some most famous medical malpractice:
 Hulk Hogan: Sued for malpractice involving unnecessary spine surgery.
 John Ritter: Family sued hospital for wrongful death.
 Andy Warhol: Doctors overloaded him with fluids.
 Michael Jackson: Doctor helped him overdose on a cocktail of drugs including propofol.
A DETAILED CASE OF MALPRACTICE

 Mrs. Taylor (a pseudonym), a 52-year-old woman with severe pneumonia and impending
respiratory failure, was evaluated on the medical ward of a community hospital by Dr. Harris, an
internist. Dr. Harris chose to immediately transfer her to the intensive care unit (ICU) for urgent
intubation by a critical care specialist. During intubation, Mrs. Taylor had a cardiac arrest, which
resulted in permanent brain damage. Dr. Harris was sued for malpractice.

 Dr. Harris diagnosed progressing pneumonia and impending respiratory failure. She considered
intubating the patient herself on the floor but opted to immediately transfer Mrs. Taylor to the care
of a pulmonologist and intensivist who was standing by in the ICU, for probable intubation and
mechanical ventilation.
 The patient's oxygenation ultimately improved and her cardiopulmonary status stabilized, but
she suffered profound and presumably irreversible brain damage. At the time of discharge, she
could not recognize family members or independently perform any activities of daily living.
Although the case was informally discussed among the providers involved, it was not forwarded
to or reviewed by the hospital's risk management committee. The patient was discharged to a
long-term care facility for total custodial care. Several months after discharge, the patient's family
sought legal counsel and decided to pursue a malpractice claim. About 20 months later, Dr. Harris
received notice that she had been named in Mrs. Taylor's malpractice case.
 To recover damages, Mrs. Taylor must prove 1) that the relationship between Dr. Harris and her
gave rise to a duty, 2) that Dr. Harris was negligent her care fell below the standard expected of a
reasonable medical practitioner, 3) that Mrs. Taylor suffered an injury that was 4) caused by Dr.
Harris's negligence (1). The claim is seemingly that Dr. Harris did not move quickly enough to seek
critical care attention for Mrs. Taylor and that the delay caused the cardiac arrest and subsequent
brain damage.
 There are three reasons to sue the physician for malpractice.
 First, filing a lawsuit is a way to secure compensation for the injury .
 Second, suing Dr. Harris may provide a sense of corrective justice.
 Finally, tort litigation is meant to have a deterrence function .
HOW TO PREPARE FOR A MEDICAL
MALPRACTICE CASE

 Contact the Medical Professional Involved.

 Contact the Relevant Medical Licensing Board.
 Know How Long You Have to File a Claim.
 Get a Medical Assessment to Confirm Your Case Has Merit.
 Consider an Out-of-Court Settlement.
TO SUCCEED IN A CLAIM FOR DAMAGES
FOR PERSONAL INJURY
 The provider, at the time the treatment was provided, owed a duty of care;
 that duty was breached;
 that breach was the cause of damage; and.
 that damage was suffered (injury).
 HOW LIABLE HOSPITAL FACE SUCH
MALPRACTISE CASES?
Hospital liability can usually be divided into two main types:

 Liability for the negligence of hospital employees, in line with the personal injury law concept of
vicarious liability, which says that employers (including hospitals) can be held liable for
employees' negligence. So, a hospital can be responsible for medical malpractice committed by
a physician, nurse, or other health care professional employed by the hospital.

 Hospital liability for harm resulting from the facility administration's own mistakes, such as
negligence in hiring and supervising employees, and failing to maintain and repair equipment.
 CONCLUSION

Medical negligence is the misconduct by medical practitioners or doctors by not providing enough
care and taking proper safeguards or measures resulting in the breach of their duties harming the
patients. It occurs because of improper, unskilled or negligent treatment provided to the patients.
Every medical professional or doctor has a duty of care towards their patients and when they commit
a breach of this duty of care it causes injury to the patients and gives the patient’s right to bring an
action against negligence. The act of medical negligence results in civil liability, criminal liability and
disciplinary action.