Unit II Essay
Instructions
For this assignment, you will research the term medical malpractice. Based on your findings, write an essay that addresses the following elements.
- Write an introduction that, in your own words, includes a definition of the term medical malpractice.
- Provide at least one example of the types of proof and defenses that would surround a case involving medical malpractice.
- Explain why it is important that health care professionals know and apply the law in terms of their daily activities and choices at work.
- Discuss ethical and legal considerations of the physician-patient relationship. Provide one example of how such considerations can prevent or avoid medical malpractice.
- Provide an example of how ethics connects to the professional standards of a health care organization.
Support your essay with three references. References can be from websites or from the CSU Online Library, or both. Your essay must be at least three pages in length, not counting the title or reference pages.Adhere to APA Style when constructing this assignment, including in-text citations and references for all sources that are used. Please note that no abstract is needed.
Expert Solution Preview
Introduction:
Medical malpractice is defined as an act of negligence or omission by a healthcare professional in which the treatment provided to a patient deviates from the standard of care resulting in injury or harm to the patient. This essay entails an analysis of medical malpractice in relation to proof and defenses, the importance of healthcare professionals knowing and applying the law in their daily activities, ethical and legal considerations of the physician-patient relationship, and how ethics connect to professional standards of a healthcare organization.
1. Definition of Medical Malpractice:
Medical malpractice is the negligence or omission by a healthcare professional that results in injury, harm or even death to a patient. Such negligence may be caused by errors in diagnosis, treatment, medication or after-care. Medical malpractice can also result from the failure of healthcare providers to adhere to established standards of care, leading to injury to the patient. Therefore, medical malpractice can be considered an act of professional negligence or misconduct.
2. Proofs and Defenses in a Medical Malpractice Case:
A medical malpractice case can involve different types of proof and defenses. The plaintiff in a medical malpractice case must prove that the harm suffered was a direct result of the healthcare provider’s negligence. The plaintiff must also show that the healthcare provider failed to adhere to established standards of care that would have been followed by other healthcare providers in similar situations. This may require the use of expert testimony from other healthcare professionals to establish the standard of care that should have been followed.
On the other hand, the healthcare provider has several defenses in a medical malpractice case. One such defense is the “contributory negligence” defense that argues that the patient’s own negligence contributed to the injury or harm suffered. Another defense is the “assumption of risk” defense that argues that the patient was aware of the risks associated with the treatment and chose to undergo the treatment despite the risks.
3. Importance of Healthcare Professionals Knowing and Applying the Law:
It is essential that healthcare professionals know and apply the law in their daily activities because their actions can have a significant impact on the health and wellbeing of their patients. Knowing and applying the law can reduce the risk of malpractice, improve patient outcomes, and ensure that healthcare providers are held accountable for their actions. Healthcare professionals must be aware of their legal and ethical duties when providing care, including the duty to obtain informed consent, maintain confidentiality, and act in the best interests of their patients.
4. Ethical and Legal Considerations of the Physician-Patient Relationship:
The physician-patient relationship is governed by both ethical and legal considerations. Healthcare professionals have a legal duty to provide patients with a standard of care that meets the legal and ethical standards of the profession. Ethical considerations include the obligation to obtain informed consent, maintain confidentiality, and respect the patient’s autonomy. Legal considerations include the duty to report, the obligation to provide adequate care, and the legal and ethical duties that arise when treating patients who lack decision-making capacity.
5. Ethics and Professional Standards in Healthcare Organizations:
The professional standards of a healthcare organization are closely connected to ethics. Healthcare organizations have a responsibility to provide high-quality care to patients and to ensure that their staff adheres to established ethical and professional standards. The code of ethics for healthcare professionals provides guidance on ethical behavior in healthcare settings. Ethical conduct is essential to maintaining the trust of patients and the public and ensuring that healthcare providers act in the best interests of their patients.
Conclusion:
Medical malpractice is a serious issue in healthcare that can result in significant harm to patients. By knowing and applying the law, healthcare professionals can reduce the risk of malpractice and improve patient outcomes. Ethical and legal considerations are also critical in the physician-patient relationship and the professional standards of a healthcare organization. By adhering to ethical and legal standards, healthcare providers can build trust with their patients and ensure that they provide the best possible care.
