1

Medical Malpractice

<Author name>

<Institutional affiliation>

<Course number and name>

<Instructor name>

<Assignment due date>

 2

Medical Malpractice

The purpose of the paper

The study of healthcare professionals takes place in a clinical setting. Different

medical professionals provide patients with necessary treatment via healthcare systems. In

order to improve their reputation with patients, healthcare companies strive to provide their

patients high-quality treatment. The main goal of the essay is to assess how nurses and

clinicians have fallen short of expectations while caring for patients. Various medical

malpractices will be covered under the theme of "Medical Malpractice in Health Care

Systems." I chose medical misconducts for the following reasons: There has been persistent

carelessness in the line of duty throughout procedures, nurses have intrinsically and

extrinsically contributed to patient deaths, and healthcare workers have routinely disregarded

patients during diagnostic tests. When reviewing clients, I put a great priority on ethical

norms and codes of behavior that nurses should; Despite the amenities and high standards of

care available in hospital centers, many have expressed dissatisfaction with the quality of the

care they received. Patients are protected by both local and state law.

The laws protect the patient's safety during procedures to reduce the number of

fatalities brought on by sloppy medical care. In accordance with Section 6 of the Federal Law

on Rights, Truth, and Consent, Patients have individual rights during treatments under

Section 4 of the Readings. Clients are protected by their rights against abuse during an

intervention. Patients have a number of rights, including the right to consent voluntarily, the

right to disclose prior medical histories, and the freedom to choose their preferred course of

treatment (Cornell Law School, n.d.). The federal government of the United States has put
 3

severe regulations against malpractice safeguards in place. Sections 1346(b) and 2672 of

Title 28 of the United States Code define remedies for personal injury damages, including

patient fatalities, from healthcare professionals such as doctors, nurses, and paramedical

(Queens Borough Community College, n.d.). Healthcare professionals should use diagnostic

techniques that respect patients' preferences and choices without compromising their health.

The specific targeted employee group and health Services setting

I chose and looked into a former German nurse who was alleged to have killed

patients in a case of serial killings for the sake of the paper's credibility and consistency. The

former nurse at the Delmenhorst hospital committed medical malpractice by violating

patients' rights and moral standards while providing treatment. The primary reason I chose

nurses as the particular target employee was because they are readily available in healthcare

institutions. They often engage with patients and take part in medical analysis and vital sign

monitoring (Chappell, 2019). Nurses assist physicians while they practice at the clinic. The

moral and ethical principles that govern clinical procedures have been taught to nurses.

Nurses take part in educational workshops designed to raise public awareness of medical

rights. Examining medical misconduct within the nursing profession broadens our knowledge

of the study's focus. The majority of nurses provide straightforward answers that are

significantly clarified. The necessary equipment is available in hospitals to conduct exams.

When patients can obtain information on how they are treated in care facilities, interactions

with them are made easier in hospital wards.

The research is supported by sufficient funding and assistance from hospitals. Not

only does conducting the survey in hospitals provide access to nurses, it also offers a different

route to a fruitful professional path. Reaching out to patients at medical facilities inspires

them to understand the overall goal of the research (Young, n.d.). When questioned about
 4

what my main responsibilities as a healthcare professional during the interview, responded

that managed people, advise patients, advocate for them, and find out their medical

problems. The inquiry highlighted the need to evaluate nurses as professionals and provide

remedies for gaps in medical treatment.

Discussion of Employee Particular Critical Obligation

Nurses are charged with working with other medical professionals to promote good

health. Additionally, nurses at healthcare institutions are expected to take on the following

responsibilities: management, counseling, client advocacy, detection, and education in a

clinical setting.

a. Discussion of Employee Particular Critical Obligation

Managerial responsibility

In healthcare institutions, it is the duty of licensed nurses to oversee patient care. As a

result, it suggests that nurses must ensure that the patient's care plan is observed while

assessing the quality of the treatment. Consent from patients is important to include while

practicing medicine. Patients should be told about the intervention they got as well as any

potential health issues. According to professional standards, violations of the informed

permission of the patient constitute a violation of the ethical code of conduct (Borysowski et

al., 2021). Patients should always be considered while making treatment decisions by

healthcare professionals.

The consequence for failing in this responsibility

Patients won't be aware of different diagnoses if nurses don't play a competent

management role during nursing interventions. In these circumstances, patients who are not
 5

advised of the health hazards connected with the recommended course of therapy may have

allergic responses or other serious health issues.

Specific statutory requirement

The Bill of Rights promotes collaboration between healthcare providers and patients

(Stone, 2018). According to the law, patients must get information regarding diagnoses and

treatments in an understandable manner.

A real-life legal case illustrating the violation consequences

Patients with chronic pain who were given opioid drugs found themselves in a

difficult predicament. The authorities has looked into drug overdoses to see what the real

reason was (Clinical Center, n.d.). The patient was unaware of the potential consequences of

using opioids.

b. Discussion of Employee Particular Critical Obligation

Counseling responsibility

During therapy sessions, nurses are accountable for providing psychotherapy to

patients; this helps to preserve the patient's psychological well-being (Szymanski, 2020).

Therefore, while managing sensitive material, nurses should establish a need for secrecy.

The consequence for failing in this responsibility

Patients' privacy will be violated if nurses don't maintain the necessary confidentiality as

mandated by the professional code of ethics.

Specific statutory requirement

According to the patients' bill of rights, patients have a right to informational privacy.

The information supplied shouldn't be disclosed to other parties unless it is necessary for
 6

internal medical needs (Montana, n.d.). To protect their medical credibility, healthcare

practitioners should make sure that sensitive information is not disclosed.

A real-life legal case illustrating the violation consequences

The patient's privacy at his medical institution was allegedly breached according to a

law suit in Montana (Clinical Center, n.d.). The hospital's covert camera apparently caught

the patient in the closed room, according to the footage that exposed the patients. The

hospital dismissed the claims.

c. Discussion of Employee Particular Critical Obligation

Advocating responsibility

The responsibility of nurses includes advocating for medical issues and writing

prescriptions. Most of the time, they assist medical professionals with clinical and surgical

procedures (Szymanski, 2020). Nurses should make sure that procedures adhere to guiding

ideals and save patients from suffering. Early healing is achieved by the use of suitable

techniques, such as injections and medication.

The consequence for failing in this responsibility

In severe circumstances, failing to use appropriate treatment techniques may end the

patient's death. Pay close attention since certain surgeries cause severe bleeding. Nurses who

give patients the incorrect medicines violate medical standards by denying them the right to

their medical decisions and preferences.

Specific statutory requirement

Patients need to learn about the techniques used for diagnosing during therapeutic

intervention. In accordance with the Patients' Bill of Rights, patients must also completely

cooperate with therapy and warn nurses of any anticipated health issues (Cornell Law School,
 7

n.d.). The law safeguards the client's security from outside dangers that might put them at risk

for health issues.

A real-life legal case illustrating the violation consequences

Patients' rights were violated in the case of former nurse Niels Hogel, who was found

guilty of administering patients with toxic medications, resulting in patient death (Chappell,

2019). Due to their ignorance of the deadly medications being administered, the patients were

not involved in medical decision-making. They would favor other treatment modalities if

they could participate in decision-making.

Conclusion

Nursing professionals take participation in management, counseling, advocacy, and

identifying patients' medical issues. In order to provide patients with high-quality treatment,

licensed nurses are responsible for overseeing patient care. Patients won't be aware of

different diagnoses if nurses don't play a competent management role during nursing

interventions. According to the professional code of ethics, nurses are expected to keep

patient information private. According to the patients' bill of rights, patients have a right to

data privacy. In severe circumstances, failing to use appropriate treatment techniques may

end in the patient's death. Check the reference lists for further information about nursing care-

related topics.
 8

References

Borysowski, J., Ehni, H. J., & Górski, A. (2021). Ethics codes and medical decision making.

Patient Education and Counseling, 104(6), 1312-1316. Retrieved June 30, 2021, from

https://pubmed.ncbi.nlm.nih.gov/33189489/

Chappell, B. (2019). Former German Nurse Guilty Of Killing 85 Patients In Serial Murder

Case June 6, 201911:36 AM ET. NPR [EUROPE]. Retrieved June 30, 2021, from

https://www.npr.org/2019/06/06/730281642/german-serial-murderer-nurse-is-found-

guilty-of-killing-85-patients

Clinical Center. (n.d.). Patient Bill of Rights | Clinical center home page. Retrieved June 30,

2021, from

https://clinicalcenter.nih.gov/participate/patientinfo/legal/bill_of_rights.html

Cornell Law School. (n.d.). 22 U.S. code § 2702 - Malpractice protection. Retrieved June 30,

2021, from https://www.law.cornell.edu/uscode/text/22/2702

Montana, NBC. (n.d.). Lawsuit says Montana hospital violated patient rights. Retrieved June

30, 2021, from https://www.healthleadersmedia.com/clinical-care/lawsuit-says-

montana-hospital-violated-patient-rights

Queens Borough Community College. (n.d.). Readings: The patient's Bill of Rights.

Retrieved June 30, 2021, from

https://www.qcc.cuny.edu/socialsciences/ppecorino/medical_ethics_text/

Chapter_6_Patient_Rights/Readings_The%20Patient_Bill_of_Rights.htm

Stone, W. (2018). Patients with chronic pain feel caught in an opioid-prescribing debate.

Health Leaders. Retrieved June 30, 2021, from

 9

https://www.healthleadersmedia.com/clinical-care/patients-chronic-pain-feel-caught-

opioid-prescribing-debate

Szymanski, R. (2020). Important roles for licensed practical nurses. Retrieved June 30, 2021,

from https://penncommercial.edu/5-important-roles-licensed-practical-nurses/

Young, E. (n.d.). The importance of research in healthcare. Retrieved June 30, 2021, from

https://www.southsudanmedicaljournal.com/archive/november-2015/the-importance-

of-research-in-healthcare.html