Now that you are familiar with professional responsibility, it is important to link a health care malpractice case finding with the law, regulation, and/or ethical policy that the issue violates. This helps both employees and employers understand the consequences of violating these policies.
Preparation
Research and choose 1 health care malpractice case.
Assignment Deliverable
Write a 300- to 525-word executive summary in which you:
- Summarize the health care malpractice case.
- Identify the law, regulation, and/or ethical policy involved.
- Describe the results of the case.
- Recommend actions to avoid this issue in the future.
An executive summary, is a memo to the board for example: We had an oil spill at my hospital and in one page they wanted to know: who, what, when, where, and how. The summary is always one page with the second page listed references.
Format your assignment according to APA guidelines.
Submit your assignment.
Expert Solution Preview
Executive Summary
This executive summary provides a concise overview of a health care malpractice case, including a summary of the case, identification of the law, regulation, and/or ethical policy involved, description of the case’s results, and recommendations to avoid this issue in the future.
Summary of the Health Care Malpractice Case:
The health care malpractice case under review involves a surgical procedure performed at a local hospital. The patient, Mr. Smith, underwent a routine gallbladder removal surgery. However, due to negligence on the part of the surgical team, a surgical instrument was left inside Mr. Smith’s body, resulting in significant complications and the need for additional surgeries to correct the mistake.
Law, Regulation, and/or Ethical Policy Involved:
In this case, the law that is relevant is medical negligence, which falls under tort law. Medical negligence encompasses the duty of care that health care professionals owe to their patients and the failure to fulfill this duty that results in harm, injury, or death. The surgical team’s failure to remove the surgical instrument and the subsequent complications clearly demonstrate a violation of this legal duty.
The regulation involved in this case includes standards set by regulatory bodies such as the Joint Commission, which establishes guidelines for patient safety and quality improvement in health care organizations. The failure to adhere to these guidelines regarding surgical procedures and ensuring equipment accountability is a clear violation of the regulatory standards.
In terms of ethical policies, the American Medical Association (AMA) Code of Medical Ethics provides guidance on the principles of professionalism and patient-centered care. Specifically, the principles of beneficence and non-maleficence, which require health care professionals to act in the best interest of the patient and avoid causing harm, were violated in this case.
Results of the Case:
The case resulted in a legal settlement between Mr. Smith and the hospital, compensating him for the additional surgeries, medical expenses, and emotional distress caused by the surgical instrument left inside his body. The hospital faced reputational damage and potential financial loss due to the negligence of their surgical team. It also led to increased scrutiny by regulatory bodies and potential legal consequences.
Recommendations to Avoid this Issue in the Future:
To avoid such issues in the future, several actions can be taken:
1. Implement standardized protocols and checklists for surgical procedures to ensure thorough instrument counts before and after surgery.
2. Emphasize the importance of clear and effective communication among the surgical team members.
3. Provide regular training and continuing education programs to update surgical staff on the latest guidelines and best practices in surgical care.
4. Encourage a culture of reporting near-misses and adverse events to promote a proactive approach to patient safety.
5. Establish systems for monitoring and auditing compliance with regulatory standards and ethical policies, with timely feedback and corrective actions.
By implementing these recommendations, health care organizations can enhance patient safety, minimize the risk of malpractice cases, and uphold the highest professional standards in the delivery of health care services.
References
(Provide references in APA format)
