Medical Malpractice Essay Example

Medical Malpractice Essay: Introduction

Malpractices, in general, can be considered as a result of workflow or human mistakes. In this direction, readily, one can highlight the normal nature of such mistakes. However, the medical field deals with the lives of others, and therefore, extra attention and regulations are highly required in order to ensure patient safety by all means. In this sense, this paper examines malpractices in health care in terms of patient expectations, law enforcement, and biblical perspectives. The study covers topics such as apologies, which are expected from the health practitioners, new regulations in law, and explanations that are made regarding the Christian belief. Throughout the paper, it is evident that malpractice in health care continues and must be solved by meeting the patients' expectations, giving medical services according to law, and treating patients in an appropriate religious way.

Body Paragraphs

Patient Expectations

Medical processes often require extreme attention, devotion, and situational awareness. In this direction, of course, patients are worried about the poor outcomes of medical treatment, including the adverse consequences resulting from medical error. Patients indicate that they care about understanding what happened to them, receiving apologies, and avoiding similar mistakes. In other words, even if a malfunction or malpractices happen due to the nature of all humans, they expect decent apologies, or approach to fix the issue. According to a survey, the patients were asked to evaluate several scenarios from the injured patient's perspective, which describe medical errors. Nearly all patients (98%) indicated that they wanted or expected the physician's active acknowledgement of a mistake. This ranged from an explicit statement of the error in various ways of apologies (Robennold, 2009).

Similar surveys found that the majority (88 percent) of surveyed health care plan members would like a doctor to say they were so sorry (Mazor & Gurwitz, 2004). Patient groups indicated similar preferences—patients' focus groups. Patients wanted to be informed of medicine errors promptly. They were expected to be notified about what happened, why and how this occurred, how they would be affected, and what measures would be taken to prevent future harm (Gallagher & Levinson, 2003).

Law Enforcement

The shortcomings in the current structure have resulted in many nations reforming their legislation to limit their exposure to criminal misconduct — the implementation in "tort reforms." Research from many studies focused on diverse regulations shows that carefully selected policies can dramatically decrease health-care costs without negative impacts on patient safety outcomes (Greenberg & Main, 2010). However, the problem is still widely unexplored, that miscarriage regulation will continue to limit the increase of potential health spending. The references in this paper are, as usual, a valuable introduction to the current literature: the interested reader may begin by the references section at the end of the article for more detailed reviews.

A guideline-based program of malpractice will retain certain facets of the framework of misconduct but will adjust the process of granting a malpractice lawsuit to the physician's negligence dimension. According to common law, the jury is told by expert evidence of practitioner incompetence (Tehrani & Newman-Toker, 2013). Although advice can tend to be the precise source of knowledge regarding the inability of a given medical decision in an instance of malpractice, courts are, in general, barred from the inclusion of orders as facts in compliance with the "hearsay rule." The "learned treatise" exemption to the hearsay rule makes instructions in certain situations.

In 2005, Congress passed a bill prohibiting state law identification to such actions by Patient Protection Organizations that have enrolled with the U. S. and is carried out by President Bush, Health and Community Resources Agency. There is some historical proof of less than adequate support for cooperative error notification mechanisms in state legislation in force before implementing this statute. The Institute of Medicine suggested that in several case studies, the peer review would be expanded in the form that the federal act ultimately went (Tehrani & Newman-Toker, 2013).

To date, however, there has been no research exploring the impact of the peer review rule. However, there is a proposed set of thorough, substantial theories concerning the effects of this law on patient health. One can study the links between adverse outcomes in patient care and misconduct risk so that this can be a fruitful area of change (Greenberg & Main, 2010).

Biblical Perspective

This has been made clear that a moral or religious aspect is essential. Here is how to look at the issue of psychiatric violence for the Christian patient and practitioner in an orthodox Christian way. First of all, the evangelize announces the terrible news, people have been sinning, and have died denied the grace of Christ (Romans 3:23). They live in a world of Satan, the universe of human error and revolt. The bond between human nature is broken, and Christ and our neighbors. This was a sin to live, to violate the two great commandments – God's life and neighbor's affection. Sin is no faith in God. It is Hell. Yet the results of human error exacerbate our pain.

Good news is coming to that broken human condition: egoism, lack of trust in God, and lack of love. "By his grace, they shall be justified as a gift by the redemption which God hath offered by his blood for atonement, through the Christ of Jesus" (Romans 3:24-25). The biblical church preaches that through baptism, the trust in Jesus Christ, as Savior, people are redemption and reconciled with him. In his gospel and his law, the Word of God is manifested to people. Jesus accomplishes the law; he doesn't abolish it. He helps to discern the fullness of God's ruling by the example of his life and teaching. He proclaims and calls to his standards the Kingdom of Heaven. He asks them to apologize, to reverse. (Mark 1:15) Through faith, people have been personally reconciled with God and are called to emulate his caring grace, which was made known to people by his rule and the life of his Son, Jesus Christ, the crucifixion and death.

People have been born in the land of pain and sin that is already ancient. The mistakes of the ancestors are committed by the third and fourth generations (Exodus 20:2). Yet the doctor may answer saying, it is true that we all sin. The reason is that sin, egoism, permeates culture at its core, influencing deeds, wishes, and saturating career. The concepts above of "charity-based justice," which is God's argument to all Christians, can be applied to particular connections and relationships between individuals. It would do something to mitigate the anguish of medical malpractice and put these values into a human-doctor partnership (Schubert, 2008). This portion of the paper provided some suggestions for the implementation of these statements in general and then made concrete advice to the patient and the doctor.

Medical Malpractice Essay: Conclusion

This article looks at malpractices in health care as regards consumer preferences, compliance, and religious perspective. The research addressed such issues as explanations required by health-care workers, proposed regulatory legislation, and clarifications on the Christian religion. Malpractice persists and needs to be solved by patients, practitioners, and government officials with the right approaches. Throughout the paper, it is evident that misconduct in health care continues and must be solved by meeting the patients' expectations, giving medical services according to law, and treating patients in an appropriate religious way.

References

Gallagher, T. H., Waterman, A. D., Ebers, A. G., Fraser, V. J., & Levinson, W. (2003). Patients' and physicians' attitudes regarding the disclosure of medical errors.

Greenberg, M. D., Haviland, A., Ashwood, J. S., & Main, R. (2010). Is Better Patient Safety Associated with Less Malpractice Activity?: Evidence from California.

Mazor, K. M., Simon, S. R., Yood, R. A., Martinson, B. C., Gunter, M. J., Reed, G. W., & Gurwitz, J. H. (2004). Health plan members' views about disclosure of medical errors. Annals of Internal Medicine,

Mello, M. M., & Kachalia, A. (2010). Evaluation of options for medical malpractice system reform. A Report to the Medicare Payment Advisory Commission (MedPAC)

Robbennolt, J. K. (2009). Apologies and medical errors. Clinical Orthopedics and related research

Schubert, C. C. (2008). Healing the effects of medical errors: A vision of justice as wholeness.

Sloan, F., & Chepke, L. (2008). From medical malpractice to quality assurance. Issues in Science and Technology

Tehrani, A. S. S., Lee, H., Mathews, S. C., Shore, A., Makary, M. A., Pronovost, P. J., & Newman-Toker, D. E. (2013). 25-Year summary of US malpractice claims for diagnostic errors 1986–2010: an analysis from the National Practitioner Data Bank. BMJ quality & safety