Case Study: Darling V. Charleston Community Memorial Hospital

A nurse attending stated “during the morning’s second surgery, he actually dozed off. The nurse took him aside and recommended that he take a break, but he refused and returned to the operation.” The nurse here was in fault in more ways than one. This nurse should never allowed the doctor return back to operate on the patient, he should have been removed from the operating room immediately. The nurse should have

The district nursing team were now to be responsible for the wound care of an ulcer on the sole of her right foot on her impending discharge. She had previously attended the practice nurse and a podiatry service based within her local clinic. Due to a change in circumstances, she was now clearly housebound for the near future due to mobility issues. Prior to an arranged visit, the patient had called the nurse to advise her that she was pyrexial and was experiencing a pain in her right foot that was different from her normal neuropathic pain, which was often problematic. She was also finding it difficult to mobilise and was disinclined for diet but was taking oral fluids.

M was taking a look at his leg that was injured but seemed to be healing. All was thought to be well until one office visit the doctor went across the hall to check on another patient who seemed to have an infected leg. The doctor left the door open where confidentiality here was obviously not being taking into consideration for the patient he was seeing as well as others who were able to hear them. Since the door was open, his parents noticed that he did not change his gloves while entering that other room and came back to check on their son with no gloves on. Dr. M was concerned about Jacobs leg and told him to come back the following week while treating it with antibiotics. The following week he comes back only to see that he has developed osteomyelitis. This was the same infection that the other patient developed while under the care of his supervision. Jacobs delay in his recover cost him the opportunity to play football and a college scholarship. Jacobs’s parents then resorted to suing Dr. M because of his negligence and lack of medical

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

Dana White alleges substandard medical care after undergoing a knee arthroscopy with partial medial meniscectomy and chondroplasty. While the surgery itself was without incident Ms. White later had what she felt were signs of a possible infection pink tinged drainage) a week after her surgery. Dr. Passanise failed to culture the drainage at her post-operative appointment and Ms. White eventually had to have two diagnostic arthroscopies with irrigation, and a debridement before being diagnosed with a Group B Streptococcus infection. Ms. White feels is Dr. Passanise would had cultured the wound area at her first post-operative appointment, most of the issues and expenses could have been

The only way to miss the fact that your patient was physically or sexually abused is to not actually assess your patient. Certainly, sexual assault can be hidden under clothing; however, this can be assessed in other ways, such as talking to the client; especially in a psychiatric setting. Additionally, noticing any other changes in the client’s behavior could indicate that they have been involved in a traumatic event. The nurse must always be vigilant in assessing those under their care by any and all means available.

The nurses Mitchell and Galle, while working in the Quality assurance department of the hospital found issues with Dr. Arafiles practice that clearly jeopardized patient safety. The nurses possessed an ethical obligation to report the malpractice, moreover, if the reporting of what is presumed to be illegal behavior is performed in good faith then the action is legal per the Texas Supreme Court (Sack, 2010).

I agree with the court’s decision. When a patient goes to the emergency room it is their belief that the physician and staff are licensed and working within their scope of practice, in their best interest, and to do no harm. Society has become very litigious; with many lawsuits not being cases of negligence or error. This lawsuit invoked changes to failed hospital practices and practice not being followed. These changes will be for the benefit of future patients. “The Darling decision effected two radical changes in hospital liability

Further damages include loss of function and deformity to some of the patient’s digit, rendering her unable to pursue her career as a musical conductor. In order for a malpractice claim to be valid, one of the four elements mentioned earlier has to be proven (Westrick, 2014). The main task by the courts is to determine if the breach of duty the cause of the damages (Walker, 2011).

I will be proving how medical malpractice lawsuits can be avoided through advanced calibers of training and technique. Hospitals and doctors who tend to and care for the patients that are in their vicinity daily are obligated to aid in whatever the victims of sickness require. The last thing patients need to undergo is another hardship, such as an additional disease because the assigned doctor is not qualified for the position of high ranking that is demanded. With more efficient means of practice, medical malpractice lawsuits will be greatly diminished, sparing the wealth and licenses of both the doctors and hospitals.

Although it's not pleasant to think about, medical professionals are only human, so mistakes are bound to happen. Your nurse may be working a double shift, be very tired, and make a mistake that causes you injury, or your doctor may miscalculate a medication dosage. Mistakes happen occasionally in a busy hospital, but the bad part is medical mistakes can cause serious harm. If you suspect a nurse, doctor, or other healthcare worker acted in a way that made your condition worse, you should talk to a medical malpractice lawyer about the following points.

It was obvious to the fact that the hospital staff lacked communication skills. Mrs. King demanded the nurse to get information or an update from the doctor on more than one occasion. Instead the nurse ignoring Mrs. King's request for reevaluation by a doctor. The signs of dehydration was clear; when the patient began to drank water from her bath towel, as stated by Mrs. King. The nurse that was acting suspiciously should have been pull of duty or even evaluated. Instead, the doctor agreed with the mother and done nothing about the nurse suspicious acts. It appears that the patient best interest was not taken into consideration. As an 18 month old child the mother was doing her job as being a parent and an advocate for her daughter. It was

Do you feel that the physical therapist and assistant were negligent in their treatment of the patient in this case?

A medical professional has no excuse for malpractice and neglect. Millions of lives are in the professional person’s hands, which means that he or she should be extra cautious when performing work duties. Judges take malpractice cases seriously because of the severity of the injuries that medical neglect can cause. More than 98,000 people end up dead because of injuries that someone could have easily prevented.

Similarly medical negligence is a professional negligence in which health care provider (doctor) breach his duty which he owes towards the patient. A doctor owes certain duty towards the patient who consults him for illness. Deficiency in this duty which causes injury and death of the patient result the negligence. In medical negligence compensatory damages are awarded to the patient for the injury caused by the doctor negligence