Medical Malpractice Scenario TOPIC 4
The purpose of this assignment is to analyze and resolve an ethical dilemma in the health care profession.
Choose from one of the three common medical malpractice scenarios below and act as a hospital administrator tasked with resolving the ethical and legal dilemma that occurred at your facility. Research the relevant literature and case studies for your chosen scenario.
Scenario One: Misdiagnosis or Delayed Diagnosis
Amber, a 45-year-old woman, had been experiencing persistent headaches and occasional dizziness for several months. Concerned about her symptoms, she decided to visit her primary care physician (PCP), Dr. Smith, to seek medical advice.
During her appointment, Amber explained her symptoms to Dr. Smith, expressing her worries about their frequency and intensity. Dr. Smith conducted a brief physical examination and attributed her symptoms to stress and tension. He prescribed over-the-counter pain relievers and advised Amber to practice relaxation techniques.
As the weeks went by, Amber’s symptoms worsened. The headaches increased in frequency and severity, accompanied by bouts of nausea and blurred vision. Concerned about her deteriorating condition, Amber sought a second opinion from another physician, Dr. Garcia.
Upon reviewing Amber’s medical history and conducting a thorough examination, Dr. Garcia suspected a potential underlying condition causing her symptoms and ordered several diagnostic tests, including an MRI of the brain. The results revealed a large brain tumor, which had been growing over the past few months, contributing to Amber’s symptoms.
Dr. Garcia immediately referred Amber to a neurosurgeon for further evaluation and treatment. Unfortunately, due to the delay in diagnosis, the tumor had progressed to an advanced stage, making it more challenging to remove completely. Amber underwent a complex surgery to remove the tumor, followed by a course of radiation therapy.
The delayed diagnosis and subsequent progression of the tumor caused Amber significant harm and distress. She experienced complications from the surgery and required extensive rehabilitation to regain some of her lost motor and cognitive functions. Her quality of life was significantly impacted, and she faced ongoing medical expenses and emotional trauma because of the misdiagnosis by Dr. Smith.
Amber sought legal advice and decided to file a medical malpractice lawsuit against Dr. Smith, alleging negligence in failing to recognize the severity of her symptoms.
Scenario Two: Failure to Obtain Informed Consent
Dr. Will Anderson, a seasoned physician working at a well-renowned hospital, found himself at the center of a medical malpractice lawsuit due to an incident where he failed to obtain informed consent from his patient, Michael Brown.
Mr. Brown, a 60-year-old retiree, was suffering from chronic back pain from years of welding that significantly impacted his quality of life. After trying various conservative treatments, he decided to seek medical intervention and scheduled an appointment with Dr. Anderson, known for his expertise in spinal surgeries.
Dr. Anderson, eager to alleviate Mr. Brown’s pain, had previously performed numerous spinal surgeries successfully. However, during this particular case, his haste and busy schedule led him to neglect the essential process of obtaining informed consent.
On the day of the surgery, Dr. Anderson briefly explained the general procedure to Mr. Brown, mentioning that it involved a spinal fusion to stabilize the affected area. He emphasized the potential benefits but failed to disclose the specific risks and complications associated with the surgery, including infection, nerve damage, and the possibility of failed back syndrome.
Due to the lack of detailed information, Mr. Brown was not adequately informed about the potential risks and alternatives available to him. Unaware of the consequences, he consented to the surgery, placing his trust in Dr. Anderson’s expertise.
Unfortunately, the surgery did not go as planned. During the procedure, Dr. Anderson encountered unexpected complications due to Mr. Brown’s unique spinal anatomy, leading to severe nerve damage. As a result, Mr. Brown woke up from surgery with debilitating pain and partial paralysis in his lower extremities.
Realizing the impact of his oversight, Dr. Anderson promptly informed Mr. Brown and his family about the unforeseen complications. Distressed by the severity of the situation, Mr. Brown sought legal advice and decided to file a medical malpractice lawsuit against Mr. Anderson and the hospital.
Scenario Three: Medication Error
Frances Taylor, a 55-year-old woman, was diagnosed with COVID-19 and sought medical treatment from Dr. Michelle Allan, an experienced physician working at City General Hospital. Dr. Allan was responsible for prescribing appropriate medications and monitoring Frances’ condition throughout her treatment.
On July 14, 2023, Frances Taylor was admitted to City General Hospital with severe COVID-19 symptoms. Dr. Allan examined her and confirmed the diagnosis. She prescribed a standard treatment protocol, which included antiviral medication (Drug A) and corticosteroids (Drug B) to manage Frances’ symptoms and aid in her recovery.
Due to the overwhelming number of COVID-19 cases during the pandemic, the hospital experienced high patient loads, resulting in increased stress on the medical staff. Dr. Allan, overwhelmed with her workload, failed to provide clear and specific instructions regarding the prescribed medication dosages to the nursing staff.
The nursing staff, under time pressure and miscommunication, misinterpreted Dr. Allan’s prescription instructions for the antiviral medication (Drug A) dosage. Instead of administering the appropriate dosage of 200 mg, they administered an excessively high dose of 2,000 mg to Frances Taylor for 5 consecutive days.
It took 5 days for the hospital staff to recognize the medication error. During this time, Frances experienced adverse effects, including severe nausea, vomiting, and kidney disfunction. Her condition deteriorated rapidly, requiring additional medical intervention and increased hospitalization.
Once the error was discovered, an investigation was initiated by the hospital administration. It was confirmed that the medication error resulted from a breakdown in communication between Dr. Allan and nursing staff. Upon being discharged from the hospital after recovery, Frances Taylor sought legal advice and chose to file a medical malpractice suit against Dr. Allan and the hospital.
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