medical negligence case studies

Medical Negligence Compensation Case Studies ROGERS V WHITAKER. After comparing previous Medical Malpractice by a V.A. These issues also arise when physician takes decision based some personal interest and which is partially or not at all in favor of patient. As in the case of Canion v. U.S., plaintiff presented an injury to her left pinky finger. Federal Tort Claims Act (“FTCA”) allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment. There may have been evidence of cord compression with the spread of the infection from C6-7 into the thoracic spine, leading to the setting of worsening neurological and infectious picture (increasing pain despite pain medication). Hospital. Several days later she suffered a stroke and has been unable to return to work as she needed constant care from her family. He also has impaired bowel and bladder function which requires self-catheterization during the day and a Foley catheter, (flexible tube that is often passed through the urethra and into the bladder) at night. Considering Black’s alleged delay in treatment of the spinal infection and worsening symptomology. Despite the poor prognosis and no chances of survival of the patient the doctor kept the patient on ventilator because of his own, as well as institutional interest. Canion v. U.S., No. West’s F.S.A. The negotiations over junior doctors’ pay and conditions and widespread dissatisfaction among GPs, … (2006) have classified subarachnoid hemorrhage as severe traumatic brain injury with twofold mortality rate and very poor prognosis. Shoosmiths is one of the leading medical negligence law firms in the UK. EP-03-CA-0347-FM, 2005 WL 1514045, (W.D. If the MSRA test had been administered and results viewed before starting the antibiotic treatment since the drugs that are used to treat an ordinary staph infection will not be effective against MRSA and such use could cause serious illness and more resistant bacteria. Did Dr. Love breach the standard of care? In comparing Mr. Black’s issues to the C.F.R., there is clear evidence that a wrongful act or omission had occurred. 1. My client suffered a collapse at home and during the fall sustained a heavy impact to the back of his neck. The focus in the legal causation analysis is whether, as a matter of policy, the connection between the ultimate result and the act of the defendant is too remote or insubstantial to impose liability. *You can also browse our support articles here >. The doctor was not fair in proper allocation of resources the ventilator and ICU bed could have been used for another critically ill patient which were occupied by this patient with brain death. Analysis of the ethical issue: Baskett, Steen and Bossaert (2005) have mentioned that the four ethical principles that are Autonomy, beneficence, non-maleficence and justice are crucial in making decision at the end of life care. Reference this. Medical negligence cases address very sensitive and complex issues. CIV. EP-03-CA-0347-FM, 2005 WL 1514045, (W.D. Yet, Black had been hospitalized with sepsis and spread of the infection to his spine two days after his discharge. 2006). Therefore, the case was dismissed. The hospital did not breach standard of care, resulting in case dismissal. This seems to be due to the court’s reluctance to find doctor’s negligent … June 21, 2005), 180 F. App’x 490 (5th Cir. The Court found after reviewing expert testimony that the hospital’s actions were not the proximate cause of Canion’s injuries. The United States has been held liable in several cases in which patients at government hospitals suffered injury or death as the result of negligence of medical personnel in connection with surgery or postoperative care. The Court clearly defined the applicable rule of law before applying the rule to the facts of the case. The level at which an ordinary, prudent medical professional with the same training and experience would practice under similar circumstance must be consistent. The principle of beneficence refers to an act for the benefit of others (Beauchamp & Childress, 2001). In this scenario the doctor was aware about the subarachnoid hemorrhage and its poor prognosis as it was a traumatic brain injury leading towards brain death. The Court found that based on evidence and credible witness’ statements that she did not follow doctors instructions and did not substantiate the claim of failure to treat acute pain early causing CRPS. Breach of standard of care is evident when a health care provider fails to exercise the degree of care expected of a prudent health care provider. June 21, 2005), 180 F. App’x 490 (5th Cir. Find out how we have helped our clients recover compensation for medical negligence. Disclaimer: This work has been submitted by a student. The interruption of blood supply causing nerve damage did not fall in accordance with the applicable standard of care and the negligent treatment received proximately caused Powers to suffer permanent physical injuries. Therefore, the use of the alleged inefficient antibiotics on Black proximately caused the infection to spread to his spine. 2006). a Doctor practicing medicine is judged against a reasonable doctor. Registered Data Controller No: Z1821391. In applying these guidelines to Black’s situation, if Love had tested Black for the MRSA once he was informed of the history the need for emergency surgery would not have been needed as the infection would not have spread to the spine. Hogans’ case included the lack of treatment which resulted in major injury and could have been prevented if doctors had consulted an urologist and had an intravenous pyelogram (IVP) performed. In Canion v. U.S., the hospital did not foresee CRPS developing due to the recasting of her finger. 2006). doi: 10.1227/01.NEU.0000210363.91172.A8. The Court found that based on sufficient testimony, the VAMC doctors did not violate the standard of medical care in the community and was not the proximate cause of his death. These statutes prevent civil action against the employee by substituting the remedies required under the FTCA. The Court’s decision was set aside and remanded. Under Texas law, to recover from the government in a medical malpractice action for the alleged negligent acts or omissions of a physician, Plaintiff must prove the following elements by a preponderance of the evidence: (1) a duty by the physician to act according to an applicable standard of care; (2) a breach of that standard of care; (3) actual injury to the Plaintiff; and (4) proximate causation. 06–1652–JO, 2008 WL 655609 (2008). Case Studies. The opinion of Dr. Mike Bishop (“Bishop”), an expert in MRSA treatment, obtained by contacting an expert in the field of MRSA, stated that Love should have tested for MRSA before starting antibiotic treatment since the drugs that are used to treat an ordinary staph infection will more than likely not be effective against MRSA, and such use could cause serious illness, and more resistant bacteria. The Court of appeals reversed and remanded the Kennedy v. U.S. Veterans Administration case due to lack of subject-matter jurisdiction. Additionally, if Love was unsuccessful in obtaining fluid, he would have consulted surgery or interventional radiology (“IR”) to obtain a fluid sample as to rule out MRSA infection especially in a patient with a recent history of MRSA in the elbow. Moreover, the doctor did not misinform the family but just kept them unaware of the situation because he thought that telling the truth may increase their anxiety level. Tex. This rule considers whether the defendant’s conduct was a substantial factor in producing the harm. Tex. Therefore, the neuroma would have been diagnosed. Medical negligence cases Read how clients have benefited from the team's expertise following successful medical negligence claims. In the case of Schertz v. Shinseki, veteran Gene R. Schertz (Schertz”) went in for bypass graft surgery. You can view samples of our professional work here. To timely surgically treat the MRSA infection of the spine before irreversible nerve damage occurred, including, but not limited to: a) alleged delay in diagnosis of MRSA infection of the right elbow, perhaps leading to the spread of the infection around the spinal cord; and b) alleged delay in surgical treatment of the spinal infection, perhaps resulting in severe spinal cord compression with nerve damage and significant, permanent disability to Black. In particular to this scenario the specific beneficence has been violated as keeping the patient on ventilator with brain death is of no use for patient but only a false hope for family and financial burden. She was treated conservatively for eight days and was then operated upon. 9 Major Medical Negligence Case Studies in Australia Posted on July 15, 2014 by compensationconnection Medical malpractice is professional negligence where a health care professional provides treatment to a patient that, either by act or omission, fails to meet a standard of practice considered acceptable by the medical community and which causes injury or death to the patient. MRSA is transmitted via contact transmission and occurs through either direct or indirect contact with infected persons or objects. Sept. 30, 2005). Establishing cause in fact involves a determination of what actually occurred and is generally left to the jury. Bond v. U.S., No. Canion v. U.S., No. As a result, they fused the plaintiff’s cervical spine at an excessive angulation for him and, in so doing, failed to exercise the good judgment required in each individual case by the standard of due care involved. We've received widespread press coverage since 2003, Your NursingAnswers.net purchase is secure and we're rated 4.4/5 on reviews.co.uk. 11th Feb 2020 Nursing Essay Reference this Tags: nursing. Ethics and Issues in Contemporary Nursing (3rd ed.) CIV. The Regional Counsel will refer the matter to the appropriate U.S. Attorney with a recommendation as to whether the employee is eligible for protection under 28 U.S.C. He is wheelchair dependant and reliant upon others for all aspects of his daily life. This may have led to cervical thoracic spinal abscess extending the entire length of the spine requiring emergency surgery. After weighing the evidence and considering the credibility of the witnesses, the Court may conclude that Black has established a failure by the Defendant to conform to the requisite standard of care on Black’s factual claims of negligence proximately causing his injuries. Copyright © 2003 - 2020 - NursingAnswers.net is a trading name of All Answers Ltd, a company registered in England and Wales. Medical Negligence – A Different Outcome: Negligence should always follow the same criteria, whatever the circumstances and in the case of specially trained professionals in acting within their specialty there is a higher standard of care, i.e. In 1990 and 1992, the standard of care required an MRI to rule out an acoustic neuroma as the case of Hogans’ symptoms. British Medical Journal, 318, 1753- 55. 38 C.F.R. Discontinuation of ventilation after brain stem death. Medical Negligence Case Studies. Skip to main content 0333 200 5926 (local rate, even from a mobile) Main navigation. Black’s claim is similar in the foreseeability aspect in respect to there may have been evidence of cord compression with the spread of the infection from C6-7 into the thoracic spine, leading to the setting of worsening neurological and increasing pain despite pain medication, which may have contributed to the elevated white blood count. The MRSA testing will utilize a small tissue sample or nasal secretions. Additionally, Love stated his decision to discharge Black was due to “absence of inflammatory stigmata,” even though Black did have signs and symptoms of infection to include pain level of 7 out of 10 (7/10), red, and swollen right elbow (according to Black’s medical record). Black would need to show sufficient expert testimony and evidence to prove that his life has been drastically and permanently adversely affected due to the apparent failure of the HCS health care providers. Personal injury - a guide. If the diagnosis is positive for MRSA, Love would have utilized antibiotics that have been found effective against the disease. My general conclusion is that the treatment Black received by Love did not meet the applicable standard of care. Black’s claim is well within the statute of limitations. The Court decided, based on the evidence presented and conflicting expert opinion that the plaintiffs and defendant had proven proximate cause in equal proportions. Firstly, paternalistic model, the physician has adopted paternalistic approach but did not make sure that whether the interventions best promote health and wellbeing. Hogans v. U.S., No. Disclaimer: This work has been submitted by a student. The physician did not properly test or treat Black’s MRSA before releasing him from the hospital and possibly lead to the spread of the infection to his spine. 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