Search results
Results from the WOW.Com Content Network
The negligence might arise from errors in diagnosis, treatment, aftercare or health management. An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care , which is the standard medical treatment accepted and recognized by the profession.
Jerry Watson Canterbury (1939-2017) was an FBI clerk who suffered a ruptured disk in 1958. [1] He received laminectomy by Dr. William T. Spence, a well-known Washington neurosurgeon, and as a result of the surgery, and a subsequent fall from his bed while hospitalized, he ended up paralyzed below the waist and incontinent.
Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. In cases involving suicide, physicians and particularly psychiatrists may be to a different standard than other defendants in a tort claim. In most tort cases, suicide is legally viewed as an act which terminates a chain of causality.
A practice as to disclosure approved and adopted by a profession or section of it may be in many cases the determining consideration as to what is reasonable. On the facts of a particular case the answer to the question whether the defendant's conduct conformed to approved professional practice may decide the issue of negligence, and the test ...
Variations in healthcare provider training & experience [45] [52] and failure to acknowledge the prevalence and seriousness of medical errors also increase the risk. [53] [54] The so-called July effect occurs when new residents arrive at teaching hospitals, causing an increase in medication errors according to a study of data from 1979 to 2006.
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
Two days later, Vaught, a registered nurse, was instructed to administer Versed (midazolam, a sedating drug) to Murphey, but instead administered vecuronium (a paralyzing drug). [9] [10] Vaught had tried to withdraw Versed from an automated dispensing cabinet which is designed to communicate with the medical record software. The two electronic ...