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Annotated Bibliography

The Prevalence of Medical Malpractice and its Effect on Modern Healthcare

Jacob Blackman
Professor Malcolm Campbell
English 1103
October 17, 2016

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Annotated Bibliography
Rodriguez, Maria A., Courtney D. Storm, and Howard A. Burris. Medical Errors: Physician and
Institutional Responsibilities. Journal of Oncology Practice, vol. 5, no. 1, 2009, pp. 2426. PubMed Central. Web. 10 Oct. 2016.
This source is an academic article published by PubMed Central, which is a free full-text
archive of biomedical and life sciences journal literature, found in the U.S. National
Institutes of Health's National Library of Medicine. The article begins with a brief story
about a man who was injured unintentionally as a result of an error made by a physician
while treating the man in the hospitals emergency care unit. The article proceeds to
discuss ways in which the physician should address the issue, and the responsibilities of
the institution in the scenario. Based on the article, doctors should disclose adverse events
to patients and family members swiftly whenever they occur. Transparency and honesty
is typically the most practical way to handle these situations. In addition, healthcare
practitioners should report incidents to institutional authorities. By reporting adverse
events in a swift manner, hospitals can then take immediate steps to ensure that the
patient does not have to pay for further treatment that might be needed as a result of a
hospital-inflicted injury. As for the responsibilities of the institutions, hospitals should
actively seek to investigate the cause of medical errors. In addition, hospitals are ethically
obligated to disclose errors to patients and apologize where appropriate. Along with these
action plans, the article also suggests ways for institutions to foster a culture of error
prevention. Many institutions are taking lessons from the aviation industry. Since the
healthcare and aviation industries involve highly skilled professionals working with
difficult technological systems, both fields have high risks of the occurrence of errors

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between technology and the users. In essence, the article lists a few of the aviationinspired techniques that hospitals are using: postoperative briefing, simulator training,
checklists, yearly competency reviews, and incident reporting. The authors conclude by
expressing how the adoption of these methods leads to fewer postsurgical infections and
quicker patient recovery. Since this article is published on the National Institutes of
Healths website, I trust its validity. In addition, two of the authors are doctors of
medicine. The information presented throughout the article is mostly objective, but the
authors seem to encourage physicians to apologize if an error occurs - which some may
argue is not always a wise decision. From a doctors perspective, this is always
challenging, as an apology may be used against him or her in court if a lawsuit is filed.
Overall, the content within this article is reliable because there are numerous references
in its conclusion that support the evidence presented. Within the article, there are links to
bring the reader directly to the source of the information in case one questions the
validity of the statements. This article is meant for healthcare practitioners as well as
institutional administrators. Its purpose is to address ways in which hospitals and their
employees can actively seek ways to prevent the occurrence of errors that result in
malpractice. Published in January of 2009, the information is less than a decade old. The
methods by the authors have helped hospitals curb their high rates of postsurgical
infections and speed up patient recoveries. The information presented throughout this
article works well with the rest of my research. As I plan to address that medical errors
occurring during treatment in hospitals are still an issue in our healthcare system, this
article evidences that nearly ninety percent of deaths that occur within hospitals are the
result of failed systems and procedures. While providing evidence to back up my claims

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that the issue is certainly prevalent, the article also provides specific ways for hospitals to
address the problem. Most importantly, by creating a culture that actively seeks to
minimize errors, the safety and well-being of patients becomes better protected. I also
found it very interesting that healthcare institutions are mirroring the aviation industry.
This could add a unique element to my paper and intrigue the reader. Thus, I plan to
include this source in my composition, and will explore a few of the citations listed at its
conclusion as I continue to learn more about the things being done to address errors in
modern healthcare.
Sanders, Cindy. Malpractice: Primary & Secondary Prevention. Nashville Medical News. 16
Sept. 2016. NewsBank. Web. 10 Oct. 2016
This newspaper article was published online in the Nashville Medical News on September
16, 2016. The article begins by informing the reader that medicine is anything but
predictable. While human error is inevitable, the articles purpose is to show physicians a
few ways they can reduce the likelihood of committing malpractice. The article
introduces preventative measures that can be simplified to four main topics
communication, documentation, management of systems and processes, and medication
management. The author explores these four areas and shows how breakdowns in any or
all of them lead to a higher likelihood of the occurrence of malpractice. As mentioned by
Shelly Weatherly, the vice president of Risk Education and Evaluation Services for
Tennessees State Volunteer Mutual Insurance Company, nearly eighty percent of
malpractice claims arise from breakdowns in communication. Along with improved
transparency in their communication, doctors are also advised to maintain welldocumented medical records of their patients. Physicians should update the medication

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history of their patients at each visit, and discuss risks, side effects, and alternatives to
prescribed medications. This is crucial as errors with medication often produce a
significant percentage of medical liability claims. The article concluded by advising
physicians to review the systems and processes of their facilities. Generally, poor
outcomes are not a result of a physicians lack of clinical skills, but rather the result of a
malfunction in office processes. This newspaper article was clearly written for physicians
who may be seeking out ways to prevent the occurrence of being sued for malpractice.
Interestingly, this source gels with one of the academic articles I am using for this project.
While the other article discusses the effects of malpractice on physicians, this article
explores some ways in which doctors can begin to curb the possibilities of harming their
patients. The author of the article is Cindy Sanders, who is the co-publisher and
managing editor of the Nashville Medical News. While she, herself, does not possess
significant credibility on the issue of malpractice, the article is still credible as she
interviewed Ms. Shelly Weatherly, JD, who has a firm understanding of malpractice and
the risks many physicians face. As mentioned previously, this article was published
recently on September 16, 2016. This helps ensure that my paper will contain current
information that many physicians are beginning to implement into their daily practices.
The intended audience of the article is certainly practicing physicians. The information
presented throughout is aimed to help each doctor look for ways to reduce the likelihood
of harming his or her patients. The information is presented in an objective manner,
especially as the author mentioned how physicians can express empathy without
admitting or being guilty of malpractice. I would not classify this as my strongest source
for this paper, yet the preventative measures introduced throughout the article will be

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beneficial to include in composition. My objective is to address some of the ways that
hospitals are trying to minimize the occurrence of malpractice, towards the end of my
paper. By including the four main suggestions expounded upon in this article, this source
will be helpful in showing that there is hope for both doctors and patients through these
new preventative methods.
Schroeder, Amanda, and David H. Sohn. Medical Malpractice: Myth Vs. Fact. American
Academy of Orthopaedic Surgeons Now, vol. 9, no. 12, 2015, pp. 30-31. Academic
Search Complete. Web. 10 Oct. 2016.
This peer-reviewed article was published in the official member news magazine of the
American Academy of Orthopaedic Surgeons organization. The purpose of the article
involved seeking out the details behind medical liability lawsuits specifically those
involving orthopaedic surgeons. Composed from the viewpoint of a healthcare physician,
the article contrasts incorrect notions about malpractice lawsuits with the facts. The
article begins by explicitly stating the negative impact that malpractice poses to the
delivery of healthcare in America. More specifically, the article focuses on orthopaedic
surgeons rising fearfulness of being sued, and how this adversely affects their
performance. The article suggests that this fear causes physicians to stay away from highrisk patients, or those who are more likely to become injured after an operation. In
addition, this rising fear may result in doctors practicing defensive medicine, which
involves ordering unnecessary tests for their patients simply to lessen the amount of
liability in the event that something adverse occurs to the patient. Interestingly, the article
concludes by discussing the ways in which an orthopaedic surgeon may minimize their
chances of facing lawsuits by their patients. The physician-patient relationship was

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deemed significant. In fact, physicians are being advised to initiate transparent
communication with their patients after an unfavorable event occurs, as this reduces their
likelihood of facing a lawsuit in the future. While this article is clearly written for other
orthopaedic surgeons to become better informed about malpractice and what to do if
faced with lawsuits, the authors succeeded in presenting the information in an objective
manner. This was accomplished by neglecting to offer any personal opinions and only
including information that was well-researched. Along with their objectivity, both
Amanda Schroeder and David H. Sohn have doctoral degrees in medicine. The article
was also reviewed significantly, as the American Academy of Orthopaedic Surgeons has
an experienced editorial board. Further, the American Academy of Orthopaedic Surgeons
Now reports a combination of recent clinical news and information from the organization.
Published in December of 2015, the information presented in this source is relatively
recent. If the source had been produced even more recently, it may have included new
revelations on ways to prevent rates of malpractice. For example, the article references a
study conducted by the Physician Insurers Association of America, that discusses which
cases are the most high-risk for surgeons to conduct. While I will not spend a great deal
of time discussing the legal implications of malpractice on physicians, this article
provided me with a better understanding of the effects of malpractice on orthopaedic
surgeons. Prior to reading the article, I was not aware of the amount of fear present in
many of the doctors minds. This fear unintentionally harming their patients during
operations - could negatively impact physicians performance as stress levels rise, thus
perpetuating the issue of malpractice. Therefore, since I plan to describe the impact of
malpractice on both patients and healthcare professionals, the information from this

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article will appear in my paper. Its inclusion will provide evidence that malpractice has
adverse effects on physicians, too.
Sharpe, Charles C. Nursing Malpractice: Liability and Risk Management. Auburn House, 1999.
This book was published in 1999 and introduces some of the basic concepts of
malpractice, liability, and risk management in the healthcare system. Before advancing, it
is important to note that the source is slightly outdated. While a great deal of time has
passed since this book was published, the material within its pages is still useful when
studying malpractice in the modern healthcare system. Specifically, the book was written
for nursing students and professional nurses. However, its content is also useful to other
health care physicians who may be dealing with issues of malpractice in their own
practice. The most pertinent information on malpractice within the book is found in the
second chapter. Sharpe defines malpractice as negligence on the part of a professional
only while he or she is acting in the course of professional duties. He further emphasizes
that a professional can include a nurse, physician, clergyman, and educator among
others. This is important to note as it confirms that this material is not solely useful for
nurses, but also applicable to other professionals. The chapter also provides a better
explanation of negligence. The contrast between these two terms is that anyone can be
liable for negligence, while only a professional can be liable for both negligence and
malpractice. Sharpe then expresses three main elements of malpractice: foreseeability,
breach of duty, and injury. With foreseeability, the general rule is that if consequences
were not initially foreseeable, there is no liability. This should reduce some of the anxiety
of physicians since unintended consequences do occur occasionally while performing
operations. As for the breach of duty, physicians commit malpractice if they fail to fulfill

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their responsibilities appropriately. Lastly, as it would seem, injury is the key element in
malpractice. Sharpe is careful to explain, however, that the mere fact of an injury does
not necessarily mean a doctor committed malpractice. Rather, liability arises when the
injury is the result of a physicians failure in the standards of care. While the second
chapter of the book focuses solely on malpractice, the rest of the material covers others
liabilities and provides strategies for dealing with issues, like malpractice, which could be
useful for all health care practitioners. Sharpes purpose in writing the book is found in
his preface. He hopes to dispel many of the unwarranted fears and uncertainties
prevalent in the nursing profession while also reducing the likelihood of nurses and
physicians committing malpractice in the future. Charles Sharpe is a retired pediatric
clinical nurse specialist. In addition to his many years of experience in clinical nursing
practice, he has been a faculty member of the departments of nursing and paralegal
studies in several colleges in southeastern Pennsylvania. Sharpe poses the information in
the book objectively, and composes it almost as if it is a manual. He refrains from using
emotion-arousing words when discussing certain liabilities, which reduces subjectivity.
The book is considered an academic source, and is clearly written to healthcare
physicians. Although the book was published in 1999, the information does connect with
most of the other sources I have found throughout my research. Lastly, the chapters
within the book are structured logically with certain key points that make finding
information simpler for the reader. Initially, I found this book through the librarys
website and worried that it would simply describe the legal battles that ensue as a result
of malpractice. Although a portion of the book does cover this topic, the inclusion of the
chapter where malpractice is defined, and further explained, was very useful. The

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material will bolster my paper as I now have a concrete definition of malpractice. With
this definition, I can begin to discern when malpractice is committed as a result of errors
made by physicians. For example, I intend to mention how human error is inevitable in
my paper. However, as this source suggests, an error that results from negligence, or the
lack of appropriate action taken by the doctor is considered malpractice.