Legal Foundations of Health Care

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When a health care professional or health care organization causes injury to a patient through negligence and or omission, it is called medical malpractice.

research an example of a recent malpractice case (within the last 5 years). You will then address each of the following:

 

Begin by briefly explaining the responsibility of health care providers to protect their patients from harm.
Summarize the basic facts of the case.
Identify one or more problems in the case that need to be addressed and why these might be important. What legal risks are associated with these problems?
What could the physicians, nurses, and other health care professionals in the case have done to avoid being sued?
Discuss the outcome of the case.
Do you agree with the outcome of the case? Why, or why not?

 

Sample Solution

A Case of Misdiagnosis: Exploring Medical Malpractice

Healthcare providers have a fundamental ethical and legal obligation to protect their patients from harm. This includes providing a competent standard of care, meaning they should possess the knowledge, skills, and experience expected of a professional in their field. They should also communicate effectively with patients, obtain informed consent for procedures, and maintain accurate medical records.

A Recent Malpractice Case: The Florida Wrongful Death Suit (2022)

In 2022, a Florida jury awarded $68.6 million to the family of a woman who suffered catastrophic brain damage after doctors failed to treat an electrolyte imbalance** [1]. Miranda Crohan collapsed in 2017 due to severe hyponatremia**, a condition characterized by low blood sodium levels. She was eventually admitted to the hospital, where doctors initially misdiagnosed her condition and delayed proper treatment. By the time the correct diagnosis was made, Crohan had suffered irreversible brain damage.

Problems and Legal Risks

One critical problem in this case was the misdiagnosis of Crohan’s hyponatremia. Early diagnosis and treatment are crucial in such cases to prevent potentially devastating consequences. This misdiagnosis suggests a potential failure to maintain a high index of suspicion for this condition, especially considering Crohan’s initial presentation.

Another potential issue is the delay in treatment. Once the correct diagnosis was made, timely intervention could have minimized the damage. The delay raises questions about the adherence to the standard of care.

These problems expose the healthcare providers involved to legal risks associated with medical malpractice. The family’s lawsuit alleged that the doctors’ negligence caused Crohan’s brain damage and ultimately her death, resulting in a significant financial settlement.

Preventing Malpractice

Several actions could have been taken by the healthcare professionals to avoid this lawsuit.

  • Thorough history taking and physical examination:A detailed medical history and a comprehensive physical exam could have raised red flags for hyponatremia.
  • Appropriate diagnostic testing:Laboratory tests could have quickly confirmed or ruled out hyponatremia as the cause of Crohan’s symptoms.
  • Effective communication:Clear communication with the patient and family is essential. Explaining the diagnostic process and treatment options empowers patients to participate in their care.
  • Following established protocols:Healthcare facilities should have clear guidelines for managing electrolyte imbalances, ensuring timely and appropriate interventions.

Case Outcome and My Perspective

The jury’s multi-million dollar award suggests they found merit in the family’s claims of medical malpractice. While the financial compensation cannot bring back Ms. Crohan, it holds the healthcare providers accountable and may serve as a deterrent to future negligence.

I believe the outcome reflects the importance of upholding a high standard of care. Patients entrust their health and well-being to healthcare professionals, and a failure to meet that standard can have devastating consequences. This case highlights the need for continuous vigilance, thorough diagnosis, and prompt treatment to minimize patient harm and avoid potential malpractice lawsuits.

 

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