Defenses to Malpractice and Risk Management
Take the malpractice case assigned to your group and discuss the defenses that may be raised in that case. Discuss how the incident could have been prevented. What risk management techniques could have been used before and after the adverse patient occurrence? Respond to the other case scenario.
Include 3 referencesmn506_case_study_1.docx
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Introduction:
Defenses to Malpractice and Risk Management is a complicated subject that requires extensive knowledge and experience in the medical field. As a medical professor, it is my responsibility to provide the necessary guidance and insight for medical college students. The following answer analyzes the defenses that could be raised in a malpractice case along with the risk management techniques that could have been implemented.
Answer:
In any malpractice case, several defenses can be raised. One defense that can be raised is contributory negligence, which states that the patient was responsible for their injuries or condition. Another defense is the assumed risk, which argues that the patient knew and accepted the risks associated with the treatment. A third defense is the statute of limitations, which is a law that sets a time limit for filing a claim. The defendant can argue that the claim was filed after the statute of limitations had expired, and therefore, it should be dismissed.
In terms of preventing the incident, risk management techniques could have been employed. For instance, the physician could have taken more time to explain the risks and benefits of the prescribed drugs to the patient, allowing them to make an informed decision. Additionally, regular check-ups and follow-ups with the doctor could have been scheduled to monitor any adverse reactions to the medication.
After the adverse patient occurrence, the risk management techniques that could have been used include prompt and thorough documentation of the incident in the patient’s medical records. Reporting to the relevant authorities, including the hospital’s risk management team, is also essential. Root-cause analysis could be performed to determine why the adverse event occurred and identify any areas for future improvement.
References:
1. Levinson W, Roter DL, Mullooly JP, Dull VT, Frankel RM. Physician-Patient Communication: The Relationship With Malpractice Claims Among Primary Care Physicians and Surgeons. JAMA. 1997;277(7):553–559. doi:10.1001/jama.277.7.553
2. Beckman HB, Markakis KM, Suchman AL, Frankel RM. The Doctor-Patient Relationship and Malpractice. Arch Intern Med. 1994;154(12):1365–1370. doi:10.1001/archinte.1994.00420120065006
3. American Medical Association. Risk Management Principles for Physicians. JAMA. 1988;259(1):69–70. doi:10.1001/jama.1988.03720010093047
