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For the second time this year, a large Twin Cities nursing home with a troubling health and safety record has been ordered to pay more than $1 million in damages for failing to protect residents ...
The claimant was a woman of small stature and a diabetic under the care of a doctor during her pregnancy and labour. [2] The doctor did not inform her of the 9-10% risk of shoulder dystocia, where the baby's shoulders are unable to pass through the pelvis among diabetic women as she viewed the problem being very slight and believed a caesarean section was not in the claimant's interest.
Patient neglect concerns people in hospitals, in nursing homes, or being cared for in home. Usually in nursing homes or home-assisted living, neglect would consist of patients being left lying in their own urine and/or feces, which could, in turn, possibly attract flesh flies and lead to maggot infestation.
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.
Patient abuse and neglect may occur in settings such as hospitals, [4] nursing homes, [5] clinics [6] and during home-based care. [7] Health professionals who abuse patients may be deemed unfit to practice and have their medical license removed [ 8 ] : 20 as well as facing criminal charges as well as civil cases .
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a ...
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.
In other words, it is the response of a reasonable person to a foreseeable risk. The standard of care naturally varies over time, and is affected by circumstantial factors. Thus, when a standard of care is established in one case, it will not automatically become a precedent for another - each case is judged on its own facts. [citation needed]