Negligence: Medical Malpractice and Safe Patient Care

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Running head: NEGLIGENCE PAPER
1

Negligence Paper
HCS478
September 9, 2013

Negligence Paper
​Mr. Benson, a 62 year old male who suffered from poor circulation caused by diabetes underwent surgery for below the knee amputation. When he woke up from surgery he realized they amputated the wrong leg. Undergoing surgery is traumatic enough, but having the wrong limb removed is a mistake that has irreversible effects. Negligence and malpractice will be discussed, followed by the importance of documentation. Within the context of medical cases, the terms negligence, gross negligence, and malpractice are used to describe a case. It is important to know the difference between these terms since they are easily confused. Medical negligence is an act or failure to act by a medical professional that deviates from the accepted medical standard of care. Medical negligence does not always result in injury to the patient. Gross negligence is a more serious form of negligence that can be describes as simply carelessness. Regular negligence is seen as a person or company falling below an expected standard of care, gross negligence is seen as a complete failure to show care or willful disregard for safety and human life. Medical negligence becomes medical malpractice when the doctor’s negligent treatment causes undue injury to the patient, makes the patient’s condition worse, causes unreasonable and unexpected complications, or necessitates additional medical treatment (Goguen, 2013). Best standard of care indicate that before an operation, the surgical team must complete a time-out form that includes marking the patients skin clearly to demonstrate where the surgery is to be performed. This area must be confirmed with the team, patient or family member. Failure to complete the form can result in medical negligence. It’s possible that in Mr. Benson’s case the staff did not mark the correct limb, there could have been conflicting information in the...
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