Duty of Care

Duty of care was established and was breached. To start with the example of a reasonable person, once the claimant was established that a duty of care exists, the facility must show that the defendant has breached that duty and the standard of care to which somebody has to carry out that duty is the standard of the reasonable person. What is expected is that the medical professionals have a duty and are expected in the law’s eyes to carry out that duty in the same way that every other member of society and the medical community should carry it out. However, to break this down, For example, an objective test is what everybody else would do in that situation; if everybody else would do the same thing that is being trained, then the behaviors by the reasonable persons have completed the standard of care. If how other employees carry out that task is less than the way everybody else would carry it out, the employees have fallen below the reasonable person’s standard of care. According to the case in Blyth vs. Birmingham waterworks case of 1856 and in that “negligence is the omission to do something reasonable and guided upon those considerations which ordinarily regulate the conduct of human affairs” (Canfield, 1856)

When something has gone wrong with the patients’ care, clinicians and health care providers must be open and honest about it. “Under Roman law, medical malpractice was a recognized wrong” (Sonny, 2008, p. 339). The duty of care is not just a professional and statutory obligation. It is also the right thing to do for patients and their families. If the doctor is notified in this incident, which means if the patient has suffered significant harm, then the statutory duty of care applies. to meet the duty of respect, one should have followed these steps; identify that something has gone wrong with the patient, in this case, Mrs. Smith’s care, and report it on that day the patient has suffered significant harm. “The claimant commenced proceedings for damages and the defendant NHS trust admitted that had the claim, and been treated promptly, he would have made a full recovery” (Goudkamp, 2017, p. 480).

Furthermore, one should have informed all their family about apologizing and telling them how it will be investigated. This notification and apology must be made in person 100% of the time. Furthermore, this allows the patient or their family to discuss the issue and ask questions and best understand the options for what happens next. The facility leaders should follow up the initial notification in writing unless the patient declines and offers an update on the investigation. In the meantime, while updating the patient or their family on the investigation’s outcome, the facility must respond promptly to any queries and keep a record unless they decline. Suppose the facility follows these simple steps every time and notifies the respective parties every time an incident occurs. Perhaps the case will always meet the duty of care and do the right thing for every patient and their family. Furthermore, providing an explanation and apology is not an admission of blame, negligence, or liability.

Breach of Duty

What exactly is medical malpractice is when a medical professional in treating someone falls below the medical standard of care, and as a result, someone is either hurt or killed. The medical standard of care is caring that a reasonable and prudent medical provider similarly trained under the same circumstances. Medical malpractice is in the United States each year is reported that about 250,000 people die in hospitals due to medical errors. “The most common general cause was an error in diagnosis. (14.83 claims per 1000 person-years 95% confidence interval). In this category, breast cancer was the most frequently missed diagnosis”(Whang et al.;, 2013, p. 548). Furthermore, how does someone know if they have become a victim of medical malpractice? What are the things one should be aware of in that setting? However, the procedure’s outcome in question or whomever the patient; in this case, Mrs. Smith went to the doctor to do.

Furthermore, the case was so different from what was expected or what was promised. It is usually a good sign that there might be medical malpractice. However, it is essential to note that Mrs. Smith did not have a complication that did not go her way due to a medical procedure or seeing a doctor or nurse? Furthermore, in this case, it does not necessarily mean that medical malpractice occurred. In this case, care is about the individuals’ well-being after surgery, welfare compliance, and good practice. In all workplaces, whether in the school’s businesses or voluntary organizations, they must have a moral and legal obligation to ensure that everyone working on their premises, such as students’ employees’ volunteers or the general public, is protected from physical harm. In this case, areas of concern at Bright Road health System include the health and safety and hygienic protections safeguarding equality and discrimination. The consequences of breaching or neglecting the duty of care can be both financial and reputational for the facility, including Dr. George Paltrow’s reputation and license, and place the organization under severe pressure.

Injury

When an individual is injured in a hospital, they are alleging professional medical negligence or medical malpractice. Generally speaking, an employer is responsible for their employees’ actions; in this case study, it is the opinion that Bright Road Health System is liable, and this is no different in the hospital context. Hospital is an employer; its employees or the doctor’s surgeons’ nurses and other staff who work there are the hospital’s employees. Therefore, if employees act negligently or below the standard of care that causes harm, the employer may have a legal claim against the individual but against the institution or hospital. The advantages of using a hospital are twofold; first medical institutions like hospitals generally have more extensive insurance policies than individuals. Moreover, in this sense, if they are found responsible for the surgeon’s harm and the nurses’ lack of attention to a specific standard of care or the doctor’s misdiagnosis, there is a greater chance of damage made. Hospitals often create rules that doctors, surgeons, and nurses have to follow if a doctor surgeon has followed the hospital’s rules, but it has still resulted in harm to Mrs. Smith; in this case, they may be rules that need to be changed or revamped.

Causation

Organizations should promote good practice, reduce risk, and create a safe environment; they can achieve this by creating policies that keep everyone up to date with the right training to maintain records and promote concerns and outcomes. Duty of care is everyone’s responsibility ignorance is not an excuse. In this case study, the recommendation based on the evidence and the research Is that the facility needs to demonstrate to the claimant that the defendant owed them a duty of care. Furthermore, the facility then needs to show that the burden of care was breached or broken. And then finally, the facility needs to show that the breach was not due to negligence, the defendant caused it, and that it was not due to the lack thereof but a process improvement that needs to be put in place for the foreseeable future. Scripture guides us in Psalm 51:4 “Against you, you only, have I sinned and done what is evil in your sight; so, you are right in your verdict and justified when you judge” (NIV). However, if the facility demonstrates that they have a duty of care or a duty of care that exists, they can prove that there is a breach of that duty. They can demonstrate that the defendant caused it and that it was not negligence, then they may be able to avoid liability. In this case, the evidence is clear. On the other spectrum, if the facility is unable to demonstrate that this case is not, which is unlikely, it believes that Mrs. Smith will be able to plead a civil wrong. In order, Mrs. Smith to demonstrate that they have a civil wrong, they need to prove the facility’s duty of care or breach of duty, and the damages may not be avoidable. However, if Mrs. Smith can move forward and demonstrate that they have a civil wrong by showing these four things, then they can prove that there is a tortuous liability.

References

Canfield, D. (1856). Court of the exchequer, sittings in banc after Hilary term, February, 6th, 1856. Blyth vs. the Birmingham waterworks company. The American law register, 4(9), 570-574.https://doi.org/10.2307/3302318.

Goudkamp, J. (2017). Breach of duty: A disappearing element of the action in negligence? The Cambridge law journal, 76(3), 480-483. http://dx.doi.org./10.1017/S0008197317000721.

Sonny, B. B. (2008). An introduction to medical malpractice in the United States. Clinical Orthopedics and related research, 467(2), 339-347. http//doi.org/10.1007/s11999-008-0636-2.

The Holy Bible, New International Version: containing the Old Testament and the New Testament. (, 1984″). International Bible Society. (Original work published 1973)

Whang, J. S. Baker, S. R. & Patel, R. et al. (2013). The causes of medical malpractice suits against radiologists in the United States. Radiology, 266(2), 548-554. https://doi.org/10.1148/radiol.12111119.