Medical Negligence Claim Case Studies Case Study Categories » Birth Injury Case Studies » Cancer Misdiagnosis Case Studies » Cauda Equina Case Studies » Failure To Diagnose Case Studies » GP Negligence Case Studies » Hospital Acquired Infection Cases » Necrotising Fasciitis » Pressure Sore Case Studies » Surgery Negligence Case Studies The Court found that based on sufficient testimony, the VAMC doctors did not violate the standard of medical care in the community and was not the proximate cause of his death. The interruption of blood supply causing nerve damage did not fall in accordance with the applicable standard of care and the negligent treatment received proximately caused Powers to suffer permanent physical injuries. This is not an example of the work produced by our Nursing Essay Writing Service. Board of Veterans’ Appeals did not properly apply Secretary’s interpretation and failed in its statement of reasons or bases to render determination that a reasonable health care provider seeking to obtain informed consent would have disclosed possibility of spinal cord impairment and paralysis as a reasonably foreseeable risk, and statement was inadequate for judicial review. Again using the example of Powers v. U.S., the Court found that the government doctors failed to receive the informed consent of the plaintiff before they performed the operation and the subsequent treatment. VAT Registration No: 842417633. (B) an event not reasonably foreseeable [.] In comparing Mr. Black’s issues to the C.F.R., there is clear evidence that a wrongful act or omission had occurred. Comparing the Canion case to Black’s situation it is evident that at the time of admittance to the emergency room, Black did inform the hospital of his MRSA history and did follow instructions given by physicians. Radwan. In addition to common clinical syndromes, the guidelines address treatment with vancomycin, limitations of susceptibility testing, and alternative therapies. It affects their entire family. 2. In Canion v. U.S., the hospital did not foresee CRPS developing due to the recasting of her finger. This may have resulted in permanent neurological damage to Black including but not limited to: physical impairment requiring a walker to ambulate, chronic pain, numbness and tingling of his legs as well as uncontrolled jerking of the legs, neurogenic bladder requiring self-catheterization during the day and a Foley catheter at night, bowel incontinence and sexual dysfunction. Another advisement was the use of decolonization, but it doesn’t always work. The physician may support him through Mill’s autonomy which talks about the obligation to persuade others when they have false or views (Beauchamp & Childress, 2001). Home / Knowledge base / Our most notable medical negligence cases 2019 Posted by Jeanette Whyman on 27 August 2019 Jeanette Whyman Partner - Head of Medical Neglience. Mrs Whitaker became totally blind following the elective eye surgery performed by Dr Rogers, who had informed her the surgery would ‘be a piece of cake’. Comparing the Power’s Court findings to Black’s situation,  Love’s alleged failure to take into account Black’s history of MRSA possibly lead to the treatment that did not include the  required testing and antibiotics specific to MRSA sufferers. The hospital did not breach standard of care, resulting in case dismissal. My stance in this situation is that Parents are legitimate decision makers and must be involve in making decision on behalf of their children. In this scenario the doctor was aware about the subarachnoid hemorrhage and its poor prognosis as it was a traumatic brain injury leading towards brain death. Emanuel and Emanuel (1992) suggested a four models approach based namely, (i) paternalistic model, (ii) the informative model, (iii) the interpretive model and, (iv) the deliberative model. It is the doctor’s obligation to inform the family about the prognosis and chances of survival and also explain them the code options and then let them autonomously decide on behalf of the patient. If the diagnosis is positive for MRSA, Love would have utilized antibiotics that have been found effective against the disease. Rad underwent cardiac screening when he was 16 having been signed to Tottenham Hotspur. Swinburn, J. M., Ali, S. M., Banerjee, D. J., Khan, Z. P., Cranford, R. E., & Jennett, B. The reasoning used in the Jackson case did not establish that breach proximately caused injury alleged. Disclaimer: This work has been submitted by a student. Tex. MedSurg Nursing, 21(2), 112-116. Even if the doctor was right in his position he still should have not taken the decision by himself. Despite the poor prognosis and no chances of survival of the patient the doctor kept the patient on ventilator because of his own, as well as institutional interest. Mrs L attended hospital complaining of pain in her abdomen. The principle of beneficence refers to an act for the benefit of others (Beauchamp & Childress, 2001). Cervical spine injury case study . The U.S. Attorney will decide whether the employee is eligible for the protection. The health care provider failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider when told of the existing history of MRSA. Rad. Child Abuse Claims. Thus there would have less financial burden on the family and also justice have maintained by providing chance to other critically ill patients. In this paper I am going to comment on the malpractice which is defined as the form of negligence where by any professional misconduct, unreasonable lack of professional skills or the care provided not meet the standards and causes harm to the patient (Burkhardt & Nathaniel, 2008). Black was released from the hospital without ruling out MRSA, possibly leading to spread of the infection to his spine. The Court awarded Hogans’ restitution. Read case studies on successful clinical and medical negligence cases where JMW's solicitors have obtained considerable sums of money for people who have suffered as a result of someone else's mistake. 362 (2013). *You can also browse our support articles here >. Our most notable medical negligence cases 2019. Bond v. U.S., No. In Bond v. U.S., the patient died of an unforeseen arrhythmia from an unknown cause that would not definitively have been prevented by an invasive surgical procedure. The District Court, Corrigan, J., held that: 1) physician did not fall below standard of care when he elected to perform ERCP; 2) physician did not negligently perform ERCP; and. Mr B suffered a period of severe and prolonged oxygen deprivation during his birth which resulted in him sustaining permanent brain damage. By not informing the family and not involving them actively in the decision about code status of the patient, the healthcare provider violated the family autonomy and misused paternalistic approach. Referencing the Canion case, there are two elements of proximate cause under Texas law: foreseeability and cause in fact. Below you will find outlines of various cases covering aspects of medical negligence law. The element of veracity has been violated by not telling truth to the family about the patient’s condition and prognosis. 1 January 2002 . Thus, the Court found in favor of the defendant. The Court of appeals reversed and remanded the Kennedy v. U.S. Veterans Administration case due to lack of subject-matter jurisdiction. 2679 or 38 U.S.C. C. If Dr. Love did breach standard of care did the breach proximately cause Mr. Black’s damages? However, the testimony lacked the explanation as to what the standard of care should have been. However, the doctor did not show what the standard of care for a depressed patient should have been, nor did he testify that the failure to treat acute pain early can cause CRPS. VAT Registration No: 842417633. After the Consumer Protection Act, 1986, came into effect, a number of patients have filed cases against doctors. In the light of ethics of care being a nurse the nurse personally feels that that the patient was on ventilator and was in a vulnerable state and though he failed to intervene but what possible he could have done? Moreover, the doctor did not misinform the family but just kept them unaware of the situation because he thought that telling the truth may increase their anxiety level. Hogans v. U.S., No. He also has impaired bowel and bladder function which requires self-catheterization during the day and a Foley catheter, (flexible tube that is often passed through the urethra and into the bladder) at night. Medical negligence is also termed as medical malpractice that is an improper, unskilled, improper or negligent treatment of the patients by their physician, dentist, nurse or other health care professionals English law has not made any special provisions for negligence made by doctors, they are simply treated as one professional among others. Journal of medical ethics, 38(9), 540-545. doi: 10.1136/medethics-2011-100479. Therefore, the case was dismissed. Copyright © 2003 - 2020 - All Answers Ltd is a company registered in England and Wales. Unfortunately, sometimes mistakes happen which lead to unnecessary and avoidable pain and suffering. 2205 words (9 pages) Nursing Essay. One of the consequences of the malpractice by the doctor is violation of justice. » Medical Negligence & Criminal Laws: Case Study Explained Medical Negligence & Criminal Laws: Case Study Explained. § 1151. 2006). Yet in the area of medical law it has been very hard to prove negligence except in extreme cases. As the patient was on ventilator, in this case the surrogate decision maker will be one of the family members. The standard of care breached in Hogan v. U.S., decided what cause or causes came together to create Grace Hogan’s (“Hogan”) condition. Lachman, V. D. (2012). Discontinuation of ventilation after brain stem death. If you feel you're entitled to compensation, call us today on 01256696330. Moreover, dignity of a human being was violated by keeping on prolong mechanical ventilation with brain death. Black’s injuries do warrant: (a) compensation … shall be awarded for a qualifying additional disability … in the same manner as if such additional disability … were service-connected. Dissertation Jackson v. U.S., 469 F.Supp.2d 1068 (2006). The case was dismissed due to insufficient evidence. There should be a clear policy at institutional level regarding patients with brain death. You can view samples of our professional work here. Foreseeably could be argued as an element resulting in the failure of the infection to properly respond to the conservative use of antibiotics. These issues also arise when physician takes decision based some personal interest and which is partially or not at all in favor of patient. Read through our collection of late and misdiagnosed cancer cases. Although this case related to medical negligence, Waller LJ at 46 stated that there is no distinction between the medical cases and others insofar as this principle applies and added that as long as the claimant can “establish that the contribution of the negligent cause was more than negligible” he will succeed. (2006). The doctor also noted that the repeated refusal of Canion to do as instructed equally caused the uncontrolled pain in her finger. The physician did not properly test or treat Black’s MRSA before releasing him from the hospital and possibly lead to the spread of the infection to his spine. Canion v. U.S., No. After weighing the evidence and considering the credibility of the witnesses, the Court may conclude that Black has established a failure by the Defendant to conform to the requisite standard of care on Black’s factual claims of negligence proximately causing his injuries. There may have been evidence of cord compression with the spread of the infection from C6-7 into the thoracic spine, leading to the setting of worsening neurological and infectious picture (increasing pain despite pain medication). British Medical Journal, 318, 1753- 55. Case Studies From Our Medical Negligence Solicitors Team. Her postoperative course was stormy, severe complications ensued and after further operations she underwent treatment for a … It is the duty of the physician to bear in mind the preserving of human life and should owe his complete loyalty and resources of his knowledge for the patient (Pakistan medical and dental council, 2006). Rad. Veterans have served this country honorably and one of their benefits is veteran’s medical care. 5 Million Medical Negligence Compensation. 1084 (1984). Case 1: Investigation into the death of a 14 year old girl during an MRI scan. In applying the facts of the Hogans’ case with Black’s point of view, the attending physician could have conducted an ultrasound guided procedure to aspirate a sample of the fluid or if he was unsuccessful in obtaining fluid, he would have consulted surgery or interventional radiology to obtain a fluid sample as to rule out MRSA infection especially in a patient with a recent history of MRSA in the elbow. Allegedly by the time the results note was acknowledged, Black had been hospitalized with sepsis and the infection had spread to his spine. The ICU bed and ventilator could have been used for other deserving candidates. June 21, 2005), 180 F. App’x 490 (5th Cir. Hospital cases to Black’s case, one may conclude that a suit may be brought against the V.A. Black would need to show sufficient expert testimony and evidence to prove that his life has been drastically and permanently adversely affected due to the apparent failure of the HCS health care providers. In comparing the Bond case to Black’s treatment by  Love, it can be noted that Bond had multiple hospital tests performed over the time that  Bond was in the hospital and could not have prevented the unforeseen death. 3. (Literature support with statistics) (We should not give up). You can view samples of our professional work here. B. (Legal Dictionary). Bond v. U.S., No. Based on his experiences and training Black was not tested or treated within the guidelines of treating MSRA patients. Love stated his decision to discharge Black was due to “absence of inflammatory stigmata.”  However, Black did have signs and symptoms of infection to include painful levels of 7 out of 10 (7/10), red, and swollen right elbow. Furthermore, there was misuse of paternalistic approach by the doctor. Occasionally miraculous recoveries from comas are reported widely (Swinburn, Ali, Banerjee and Khan, 1999). 2006). The theory of ethics defined by Tronto (1993) as cited in Lachman (2012), there is a pre-existing moral relationship between people and he further stated that there are four phases in patient care that are (i) caring about, (ii) taking care of, (iii) care giving and (iv) care receiving. 16th Dec 2019 To summarize the main points, although some cases support judgment for defendant, the elements in those cases were not supported by evidence. The Court found that based on all of the evidence, and particularly on the well-supported testimony of Dr. McAnulty, that even if Bond had undergone an invasive cardiac surgery with four bypasses, as recommended by Dr. Schapira, his life expectancy would not have been extended as compared to treating him medically. The Court clearly defined the applicable rule of law before applying the rule to the facts of the case. Ethics and Issues in Contemporary Nursing (3rd ed.) EP-03-CA-0347-FM, 2005 WL 1514045, (W.D. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. Moreover, he has sexual dysfunction, and he is unable to participate in activates he used to enjoy such as travel, boating and swimming. This seems to be due to the court’s reluctance to find doctor’s negligent … A. 450 (2013). It should be responsibility of the hospital ethics committee to investigate such cases and consider further necessary action accordingly. However, Monsivais did not follow his own recommendations during the treatment of Canion. Monsivais continued to testify that even if everything was done appropriately for a patient, the hypothetical patient could still develop chronic regional pain syndrome (CRPS). Suggestions for more serious infections, including those not responding to oral therapy advised, requiring parenteral treatment. In “caring about” phase the nurse noticed that the physician violated the legitimate decision makers’ autonomy by not involving them in decision making. The term autonomy literally means “self-governance” (Burkhardt & Nathaniel, 2008, p. 54). Disclaimer: This work has been submitted by a student. If Love was unable to obtain a sample of the fluid from    the elbow, he could have had a surgical staff or IR obtain the sample   of fluid to rule out MRSA before discharging Black. EP-03-CA-0347-FM, 2005 WL 1514045, (W.D. Company Registration No: 4964706. Most clients want a full investigation of events, answers to their many questions and an explanation of why things happened as they did. In the case of Schertz v. Shinseki, veteran Gene R. Schertz (Schertz”) went in for bypass graft surgery. 2006). EP-03-CA-0347-FM, 2005 WL 1514045, (W.D. My client suffered a collapse at home and during the fall sustained a heavy impact to the back of his neck. Reference this. To speak with one of our medical negligence solicitors call 0800 358 3848 or complete our online enquiry form . Black’s claim is similar in the foreseeability aspect in respect to there may have been evidence of cord compression with the spread of the infection from C6-7 into the thoracic spine, leading to the setting of worsening neurological and increasing pain despite pain medication, which may have contributed to the elevated white blood count. Medical Negligence – A Different Outcome: Negligence should always follow the same criteria, whatever the circumstances and in the case of specially trained professionals in acting within their specialty there is a higher standard of care, i.e. In section 2680 of the FTCA, Congress set out the circumstances in which the government is exempt from liability. Additionally, Love stated his decision to discharge Black was due to “absence of inflammatory stigmata,” even though Black did have signs and symptoms of infection to include pain level of 7 out of 10 (7/10), red, and swollen right elbow (according to Black’s medical record). Mr B, aged 23 at the date of settlement, was born following a difficult labour and delivery. 2006). A majority of physicians employ an incision and drainage as definitive treatment for simple abscess and add MRSA-effective antibiotics for more severe infections. MEDICAL & CLINICAL NEGLIGENCE CASE STUDIES experiences Jonathan was able to help the husband of a 50 year old woman claim compensation after the hospital failed to diagnose her cancer. As in the case of Canion v. U.S., plaintiff presented an injury to her left pinky finger. 7316. Conclusions to medical negligence case* will depend on certain factors like: Medical History: If you have experienced similar medical issues in the past. Each agency has limited settlement authority, after which they must go to the Department of Justice (DOJ) for approval to pay more than the agency authority including the Veterans Administration. Thirdly, in the interpretive model the physician did not elucidate the parent’s values about selection of the available interventions which realizes their values. Medical Negligence & Criminal Laws . The overuse and misuse of antibiotics are key factors contributing to antibiotic resistance. Then main issues in this scenario are the decision taken by the physician based on his own interest and then keeping the family unaware of the whole situation and consequently the general ethical principles have violated through malpractice. Rad. A. Applicable standard of care owed:  medical care in accordance with requisite standard of care for MRSA. Monika Dubey. To timely surgically treat the MRSA infection of the spine before irreversible nerve damage occurred, including, but not limited to: a) alleged delay in diagnosis of MRSA infection of the right elbow, perhaps leading to the spread of the infection around the spinal cord; and b) alleged delay in surgical treatment of the spinal infection, perhaps resulting in severe spinal cord compression with nerve damage and significant, permanent disability to Black. Ethical issues arise when there is violation of ethical principles by the health care providers, more specifically when the patient and family leave the decision on physicians considering them dominant and body of knowledge. Beauchamp, T. L., & Childress, J. F. (2001). The implications of MRSA infections are life-threatening and the risk of death in patients has been found to be three times greater than with other infections. The ongoing theme in the Courts appears to be that in filing a suit. 1. After the brain death the patient should have weaned off form ventilator and by announcement of death the dead body should have processed with dignity. The complaint was about treatment the patient had received when she was referred to hospital with suspected appendicitis. Black must establish with expert testimony that the standard of care was breached. Sept. 30, 2005). New York: Oxford University Press. doi: 10.1227/01.NEU.0000210363.91172.A8. Burkhardt and Nathaniel (2008) suggests that though based on beneficence, decisions taken are centered to patient wellbeing, however, the inherent supremacy in such a hierarchical arrangement may be abused and the decision taken may reflect the self-interest of the healthcare professional more than care for the patient (p. 270). Yet, Black had been hospitalized with sepsis and spread of the infection to his spine two days after his discharge. This is not an example of the work produced by our Dissertation Writing Service. Case Study 4 - Wrist Fracture - Medical Negligence Compensation Claim “Mr D was the victim of a road traffic accident. CIV. Medical negligence cases address very sensitive and complex issues. Case Studies. All work is written to order. In benefits for persons disabled by treatment or vocational rehabilitation, 38 U.S.C. When taking into account that MRSA is difficult to treat some expert opinions note effective ways to test for and treat according to the center for disease control (“CDC”). Considering Black’s alleged delay in treatment of the spinal infection and worsening symptomology. The Regional Counsel will refer the matter to the appropriate U.S. Attorney with a recommendation as to whether the employee is eligible for protection under 28 U.S.C. In 1990 and 1992, the standard of care required an MRI to rule out an acoustic neuroma as the case of Hogans’ symptoms. We're here to answer any questions you have about our services. The NHS is facing an existential crisis. Yes, the breach was the cause in fact of his damages. Standard of care specifies appropriate treatment based on scientific evidence and collaboration between medical professionals involved in the treatment of a given condition. Skip to main content 0333 200 5926 (local rate, even from a mobile) Main navigation. In the phase “taking care of” he realized that he could have taken the responsibility and empathize what the parents were experiencing. Secondly, in the objective of the informative model, the physician did not provide legitimate decision makers with all the relevant information about the disease prognosis, the risk and benefits of the available interventions, but just decided on his own. If you have suffered an injury due to negligence, call our legal team to find out about your rights to compensation under the law. He continues to have uncontrollable jerking movements of his legs, as well as numbness (feeling as if his legs are always asleep). In Black’s circumstances, it is possible to conclude that the standard of care received was not evident within the medical treatment guidelines. Services / Medical Negligence / Medical Negligence Case Studies. Bullock et al. In this particular scenario the four ethical principles have been violated as consequences of the malpractice that is keeping the family unaware of the patient situation and prognosis. The government health worker employees fell below the standard of care when they failed to do an MRI in February of 1990. Therefore, releasing Black before MRSA antibiotics were given may have been the cause in fact for the spread of the infection to his spine and resulting injuries. The Infectious Diseases Society of America (IDSA) has released evidence-based guidelines on the treatment of MRSA infections. On June 1, 2017, Black, age 50, arrived at the ER; at that time Love an employee of HCS, was informed by the Blacks of the swelling of his right elbow and history of MRSA. Tex. Even when it does, recolonization often occurs within months. The focus in the legal causation analysis is whether, as a matter of policy, the connection between the ultimate result and the act of the defendant is too remote or insubstantial to impose liability. Moreover, health care provider should show adherence to the implementation of such policy. Copyright © 2003 - 2020 - NursingAnswers.net is a trading name of All Answers Ltd, a company registered in England and Wales. DUTY OF CARE . Limitation in clinical negligence cases.