Brain Malpractice Verdict for Brain Surgery | Free Essay Example

Brain Malpractice Verdict for Brain Surgery

Words: 281
Topic: Law
Updated:

Issue of Integrity

The news clip chosen for this response is linked to a $20 million negligence verdict against Arkansas Children’s Hospital for the surgery performed on the wrong side of the brain of a 15-year old boy. As a result of the surgery, the boy was left severely brain-damaged. The case directly relates to the issue of integrity, which is a personal quality associated with demonstrating moral and ethical principles at work. The surgeon lacked professional integrity and attention to verify the exact location on which the brain surgery should have been performed. Moreover, the Arkansas Children’s Hospital lacked the integrity to pay attention to the actions of their employees and monitor their operations.

Legal Action

With regard to legal actions, the surgeon can be sued for negligence since he had a duty of care before the patient. Medical negligence can be proven if the defendant had the duty of care, which was breached. For determining whether the surgeon showed negligence when performing the surgery, it is necessary to conduct a three-stage test and satisfy the following three components:

  1. A person had a duty of care over another.
  2. A duty breach was established.
  3. Legally recognized harm was caused as a direct result of the breach (Bryden & Storey, 2011).

Explanation and Discussion

The story was chosen for discussion because it showed that negligence and lack of integrity of a healthcare professional could cause serious harm to a patient. In the current clinical setting, integrity is displayed through exhibiting reliability and answering to patients who depend on health care professionals. This means taking responsibility for any errors, correcting them, and, if necessary, apologizing to patients (Levinson, Ginsburg, Hafferty, & Lucey, 2014).

References

Bryden, D., & Storey, I. (2011). Duty of care and medical negligence. Continuing Education in Anaesthesia, Critical Care & Pain, 11(4), 124-127.

Levinson, W., Ginsburg, S., Hafferty, F., & Lucey, C. (2014). Understanding medical professionalism. New York, NY: McGraw-Hill.