Preview

Amputation Mishap

Better Essays
Open Document
Open Document
1386 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Amputation Mishap
Amputation Mishap

The Neighborhood News reports of a medical error at The Neighborhood Hospital. The report states a 62 year-old male patient underwent surgery to have his leg amputated only to discover the wrong leg was amputated during surgery. The newspaper article states the mishap is negligence. In the following paragraphs, negligence, gross negligence, and malpractice are discussed and determine if the newspaper’s statement of negligence is correct. Ethical principles in nursing and nursing documentation regarding such issues are also discussed.
Negligence and malpractice fall under the tort laws definition. According to Guido (2010), “Torts are civil wrongs, not based on contracts, but on personal transgressions in that the responsible person performed an action incorrectly or omitted a necessary action” (p. 92). Tort laws are based on fault and in a health-care setting, tort laws are the most common.
To determine if the above scenario results in negligence, gross negligence, or medical malpractice, one must understand the definition of each. According to Guido (2010), negligence is a general term and “equates with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances” (p. 92). According to Judson and Harrison (2006), four key elements (four D’s), must be present to prove negligence (p. 101):
1. Duty: The person charged has a duty to provide care to the patient. Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances.
2. Dereliction: The person charged breaches the duty of care to the patient.
The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation; therefore a breach of duty has occurred.
3. Direct cause: The breach of duty is a direct cause of injury to the patient.
The wrong leg is



References: Guido, G. W. (2010). Legal & Ethical Issues in Nursing (5th ed.). University of Phoenix eBook Collection database. Judson, K., & Harrison, C. (2006). Law & Ethics for Medical Careers (5th ed.). Larson, K., & Elliott, R. (2010, March-April). The Emotional Impact of Malpractice. Nephrology Nursing Journal, 37(2), 153-156 Prideaux, A. (2011). Issues in Nursing Documentation and Record Keeping Practice. British Journal of Nursing, 20(22), 1450-1454 The Neighborhood- Pearson Health Science. The Neighborhood News. Retrieved October 1, 2012, from

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Pa201 Unit 3 Assignment

    • 1241 Words
    • 5 Pages

    Negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm.” Black’s Law Dictionary 1133 (9th ed. 2009) …

    • 1241 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    Bugusa Case Summary

    • 521 Words
    • 3 Pages

    The tort of negligence in this scenario includes the five essential elements of negligence, duty, breach of duty, the breach being the cause of injury, proximate, and the resulting damages (Lucas, 2008). In a case of negligence the individual or company may be held liable not only with negligence but sometimes with trespass, injury, and even mental or emotional harm (Lucas, 2008). However, the law requires these elements are proven in order to recover in a law suit against a torfeasor for negligence (Melvin,…

    • 521 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Spence case, both parties were in a lawsuit about informed consent. The physician failed to tell the patient of the risks that can happen while going into surgery and any risks that can happen after the surgery. The patient was told of the surgery but did not ask for any additional information. For my personal choice in this case i would find both sides responsible for some of the factors that has happened in the decision making of the physician and the patient. I believe that if the patient has a well grounded mind then the physician should tell them about all the risks for the precare, the surgery itself, and the postoperative care. All of this information can help to save the hospital from a lawsuit. Also, when the patient is presented with an illness that can be helped with an operation they should always do some research about it. This includes being able to ask additional questions and concerns to the…

    • 1044 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In this case study, the hospital operated on the incorrect patient. This is classified as wrong-site, wrong-procedure, and wrong-patient errors (WSPEs). These wrong-site, wrong procedure, wrong-patient errors (WSPEs) are termed “never events” by the National Quality Forum and “sentinel events” by the Joint Commission are errors that should never occur and indicate serious underlying safety problems (Woods,…

    • 1020 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Week 3 Case Study

    • 413 Words
    • 2 Pages

    Dereliction which is the health care provider breached to the duty to the care of the patient…

    • 413 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    One very important issue in this case and many civil lawsuits is negligence. Negligence is when there is a failure to use reasonable care which results in injury or damage to another. It also asks who is responsible for one’s injury. In this case, Mrs. McKoy claims her injuries were caused by T & J’s negligent behavior. In order to prove negligence, T & J must be guilty of five elements: duty of due care, breach, factual cause, proximate cause, and damages.…

    • 605 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Elements Of Negligence

    • 94 Words
    • 1 Page

    Negligence law states that a person or an organization is generally liable when they negligently injure others.…

    • 94 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    In the nursing field in recent years has had an increasing concern with legal and ethical dilemmas in clinical decision-making. In nursing there law has major impacts through a wide range of issues. Being healthcare professionals it is highly important for that professional to know the ways the laws regulate their scope. There are issues from clinical negligence to resource allocation. The people that work in healthcare are accountable…

    • 1176 Words
    • 5 Pages
    Satisfactory Essays
  • Powerful Essays

    The Joint Commission of Accreditation of Healthcare Organizations (JCAHO) defines negligence as a, "Failure to use such care as a reasonably prudent and careful person would use under similar circumstances"(JCAHO, 2003) .The nurse 's main obligation is to uphold the Standards of Care for the patient. It is the nurse 's duty to have a relationship with a patient which involves providing care and following the acceptable standards of care (Kozier et al. , 2012).The nurse was correct in reporting the overly negligent nurse. As a result of the breach of duty owed to the patient resulted in harm. The nurse can be charged with malpractice/gross negligence and possibly lose her license. In the next case study it was not clear what actions the nurse was negligent on but a lawsuit still endured. The six categories of negligence that result in malpractice lawsuits are failure to follow standards of care, failure to use equipment in a responsible manner, failure to assess and monitor, failure to communicate, failure to document , and failure to act as a patient advocate (Higginbotham & McCarthy,…

    • 1637 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Legal Ethics Healthcare

    • 587 Words
    • 3 Pages

    The legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the employee commits a tort or civil wrong within the scope of employment and the employer is held liable although the master may have done nothing wrong( Regan 2002). Physicians and other healthcare providers need to be aware of this doctrine in the supervision of their staff and their day-to-day medical practice.…

    • 587 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Medical malpractice lawsuits are startlingly common and result from a number of reasons. Doctors and medical specialists can make medical errors, missed diagnoses, drug errors and miss test results (Lovenberg, 2015). Doctors can also make surgical errors and anaesthesia mistakes (Lovenberg, 2015). Unfortunately, all of these failures can result in serious injury and often death. Malpractice tort law is a Constitutional right and provides a means for individuals who have suffered from medical negligence to receive reparation for compensatory damages (Lau & Johnson, 2014). However, defendants in these numerous cases disagree with the tort laws and have successfully and unsuccessfully argued for reform…

    • 684 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Negligence Case

    • 1005 Words
    • 5 Pages

    A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious liability, and it is based on the principle of respondeat superior-let the superior respond for the negligence of agents or employees. Thus, physicians and other providers are responsible for the negligent acts of their nurses, paramedics, x-ray technicians, and other persons in their…

    • 1005 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Negligence can be defined as failure to take the proper steps to prevent injury or illness to a person. Malpractice occurs when someone lacking the skill and training causes injury to a patient (Buzzachi, Scellato, & Ughetto, 2016). Malpractice claims are much more common that we think. In the United States, there are anywhere from 15,000-19,000 malpractice claims per year. The relationship between the patient and the provider is fostered and maintained through trust.…

    • 703 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Reimbursement Issues

    • 1536 Words
    • 7 Pages

    There are four elements of a negligence claim that must be considered in civil law: legal duty determined by the scope of practice, breach of legal duty as determined by the court, the cause of the breach, and the damages that occurred. Based on these elements, it is paramount that NPs practice with that patient’s rights in mind in order to avoid any negligence claims (Walker 2011).…

    • 1536 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Duty of Care

    • 1719 Words
    • 7 Pages

    injury. A negligent act is breaching the duty of care. If an individual has evidence that you…

    • 1719 Words
    • 7 Pages
    Powerful Essays