Discussion Board Forum 2: Negligence and Medical Malpractice
Brittany Johnson
Liberty University
Legal & Ethical Issues for Health Professionals: BUSI 506
Discussion Board Forum 2: Negligence and Medical Malpractice
Negligence is failure to use reasonable care that results in damage or injury to another.
Specifically, the text states that it is the unintentional commission or omission of an act that a
reasonably prudent person would or would not do under given circumstances (Pozar,
2016).Medical malpractice is defined as any act or omission by a physician during treatment of a
patient that deviates from accepted norms of practice in the medical community and causes an
injury to the patient (Bal, 2009). After fully listening to and analyzing the Mrs. Smith’s case on
the Learns cape video, Chief of Surgeon Dr. Paltrow, the nursing staff on duty, and the hospital
are all liable for medical malpractice and negligence. When Mrs. Smith checked into the
hospital, signed all consents, and started care with the physicians and nurses on staff is the
moment when duty to care was established. Duty to care is to ensure that Mrs. Smith is receiving
safe and quality care with Dr. Paltrow, Nurse Brainard, and the hospital during surgery and post-
surgery. When Dr. Paltrow and the residents performed post-surgery check-ups on Mrs. Smith
and four other patients without changing gloves before touching each patient, is when a breach of
duty was established. The act of Dr. Paltrow and the residents not practicing proper handwashing
standards and hygiene safety caused cross-contamination of staph infection to Mrs. Smith and
the other patients in the room who were examined.
When this occurred, Nurse Brainard witnessed the violation of safety and chose not to interfere
with the examination of the patients. Due to the failure to intervene, this added to the breach of
duty. Nurse Brainard even made a statement that, "everyone knows to change gloves and wash
hands before and after examining each patient in a clinical setting". Dr. Paltrow statedhat the
hospital has failed to have the proper signs and enforcements for procedures and protocols for
safety and hygiene. He reports that the hospital does not properly train, notify, and enforce staff
on safety guidelines. Dr. Paltrow goes even further to state that the hospital does not even have
gloves, handwashing stations, or biohazard waste boxes in each exam room. Due to this
information, breach of duty was also caused by the hospital.
Senior hospital managers and chief of staff have the responsibility to implement patient safety
initiatives and are placed to provide suggestions for improving strategies to increase hand
hygiene compliance (McInnes, Phillips, Middleton, & Gould, 2014). Another physician who
treated Mrs. Smith stated that, "the key problem is having policies and procedures that are clearly
written, communicated, and strictly enforced." The hospital and its administrators and managers
failed to implement such safety initiatives resulting in harm to Mrs. Smith and the other post-
surgery care patients involved.
When Mrs. Smith contracted a staph infection due to cross-contamination is when injury was
established. Due to the poor hygiene practices of Dr. Paltrow and residents, Dr. Smith contracted
this infection causing her to experience fluid buildup in the lungs and an elevated fever. It is
reported that the fever and fluid buildup in the lungs caused Mrs. Smith to develop an
autoimmune disease. Injury also occurred when the nursing staff on duty failed to notify Dr.
Paltrow of Mrs. Smith's severe symptoms. In a statement, it is said that the nurses did not want to
bother Dr. Paltrow while he was on his vacation. There was no immediate treatment given to
Mrs. Smith because of this. It is stated that Mrs. Smith's husband contacted the CEO of the
hospital which then alerted the nursing staff to give her the care that was needed. In Mrs. Smith's
case negligence caused a breach of duty which then resulted in injury.
Once Mrs. Smith finally received treatment for her staph infection symptoms, she was under the
care of Dr. Holly Brigon. It was stated by that physician that Mrs. Smith contracted the staph
infection via her bloodstream due to contact and not through airborne methods. This supports the
accusations that Dr. Paltrow and the residents did not use proper hygiene safety when conducting
an examination of Mrs. Smith. This act of not changing gloves and poor handwashing is
causation of injury. Dr. Brigon also states that the nurses took entirely too long to seek additional
treatment for Mrs. Smith's fever. Once under treatment, Mrs. Smith received antibiotics and fluid
drainage from one of her lungs. Dr. Brigon stated that she cannot determine if her fluid buildup
and drainage of lung led to future illnesses for Mrs. Smith.
It is said in the bible that, " But in your hearts honor Christ the Lord as holy, always being
prepared to make a defense to anyone who asks you for a reason for the hope that is in you; yet
do it with gentleness and respect" (1 Peter 3:15, ESV). This states that you must speak up to
defend anyone who may need hope and help from you and do so with respect and confidence.
Nurse Brainard and her staff should have spoken up and intervened when they witnessed Dr.
Paltrow and the residents not changing their gloves or washing their hands before examining
each patient. They also should have practiced this biblical principal when they didn't want to
bother Dr. Paltrow on his vacation. If Nurse Brainard and her staff called and defended Mrs.
Smith, her fever could have been decreased sooner. Dr. Paltrow should have also abided by this
biblical principal when he first realized that the hospital was not enforcing hygiene safety
protocols. Dr. Paltrow knew this was wrong and was a problem but decided not to speak up to
defend those who may be affected like Mrs. Smith was. The hospital administrators also did not
defend those who need it most by not implementing and enforcing safety and hygiene guidelines.
The bible says, "So whoever knows the right thing to do and fails to do it, for him it is sin (James
4:17, ESV). In this case Dr. Paltrow and residents, Nurse Brainard and staff, and the hospital
sinned. They all knew what the right thing was to do but failed to do it. If all parties involved
chose to conduct their life and their job through the principal of a Christian, the negligence and
suffering of Mrs. Smith could have been avoided.
Common Examples of Medical Negligence
There are several ways a healthcare provider can commit medical negligence. If you believe you
or a loved one has suffered at the hands of a medical professional, contact a personal injury
lawyer immediately. These are unfortunately common instances of medical negligence:
Misdiagnosis or Failure to Test
Medical professionals will often come to a diagnosis without performing the proper tests or due
diligence. If a doctor, nurse, or other hospital staff member either fails to administer the proper
tests or misdiagnoses with the tests available, they are being negligent.
Surgical Errors
These mistakes can be anything from making the wrong incision to performing on the wrong
body part during surgery. Tragically, incorrect side, incorrect site, and wrong patient procedures
are common.
Medication Errors
This is in regards to both prescription or administration of a medication. If either result in wrong
doses and injury, it can be constituted as medical malpractice.
Neglect or Unclean Facility
If a patient is not taken care of properly, or placed in an unclean facility, the hospital or medical
office is practicing medical negligence.
Working With a Lawyer on Your Medical Malpractice Case
Many people may receive medical, dental, or other health care at some point in their life that
they are not happy with. However, dissatisfaction alone does not form the basis of a medical
malpractice claim.
Instead, a medical malpractice claim typically requires proof of medical negligence. This proof
may need to come in the form of a medical expert’s testimony that your provider performed
below a reasonable medical standard and that another, similarly trained professional in the same
situation would have likely taken different actions.
A medical malpractice lawyer in your area may be able to help you show how the injuries you
sustained were negligent. Your attorney may work to do this by:
Consulting doctors and other medical experts who can establish the validity of your claim
Interviewing hospital or clinic personnel to uncover the cause of your injuries
Reading and reviewing your medical records to demonstrate the extent and cost of your
injuries
Using your medical records to establish your potential need for ongoing care in the future
Potentially Recoverable Damages in a Medical Malpractice Case
If you or your legal representatives are able to establish the responsible party’s liability for your
injuries, you may be able to recover compensation for your damages.
In general, the following damages may be available in a medical malpractice lawsuit:
Current and future medical care costs
Lost wages for the time you missed at work due to your injuries
Reduced earning capability
Pain and suffering caused by your injuries
Mental anguish
Disability
Tragically, medical negligence can also have fatal consequences. If your loved one lost their life
due to medical negligence, a different set of damages may be available to you in aEwrongful
death case. These damages may include:
Funeral and burial costs
Pre-death medical care
Pain and suffering experienced by the decedent prior to death
Loss of guidance
References
Bal B. S. (2009). An introduction to medical malpractice in the United States.
Clinical orthopaedics and related research, 467 (2), 339-347. doi:10.1007/s11999-008-0636-2
Pozgar, G. D. (2016). Legal Aspects of Health Care Administration (12th e.d.). Burlington, MA:
Jones & Bartlett.
McInnes, E., Phillips, R., Middleton, S., & Gould, D. (2014). A qualitative study of senior
hospital managers' views on current and innovative strategies to improve hand hygiene. BMC
infectious diseases,14(1), 611.
