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For this assignment, you will be creating three scenarios of your own that are similar to the ones discussed in the unit lesson. These scenarios can be made up, real stories, or a combination of the two. Each scenario should consist of at least 200 words and should properly reflect the material discussed within this unit. Your first scenario should apply the elements of negligence and professional negligence (malpractice) to a patient claim against a healthcare provider. In other words, your scenario should describe a situation in which a healthcare provider was negligent or committed malpractice against a patient. Be sure to properly detail the event and how it was resolved. Your second scenario should describe an intentional tort that was committed within the healthcare environment. Also, the scenario should explain a legal remedy that the victim of the intentional tort could pursue. Your third scenario should describe an instance in which a patient’s rights may have been violated by a healthcare provider. Also, the scenario should explain the responsibility that healthcare providers have to protect their patients from harm. Please include all three scenarios within one document.

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Medical malpractice

In a community hospital called U Healthcare, a patient suffered an injury under the care
of the physician due to the wrong diagnosis. Every healthcare provider must provide standard
healthcare to the patients. In this case, a breach occurred, and the patient filed a lawsuit. The
patient must provide evidence of the injury that has caused him or her to suffer financially or
other damages. The case took more than six months before the medical malpractice claim was
settled.

The healthcare provider was found guilty, and the plaintiff was paid all his damages. The
was offered to collect the money in structured payments. In this case, the hospital suffered losses
in correcting the damages done by the healthcare provider. Also, the physician lost his job
because the organization viewed him as a liability. In this case, medical malpractices are very
expensive on all parties and should be avoided as much as possible. Also, the lawsuit is filed in a
state trial court that has jurisdiction for the case and must be proven by the patient upon the
applicable standards of proof as required by the law.

Intentional torts
Sewell v. Doctors Hospital 1992 is a case that demonstrates an intentional tort. The
plaintiff went for surgery in Doctors Hospital and was admitted. Days after his surgery, he was
progressing well. When the patient was recovering in a hospital bed, the hinge on the hospital
bed broke suddenly, and the head of the bed dropped. The drop caused the patient to fall
downward violently and stroke his neck and head on the bedside table. The patient filed a lawsuit

LAW AND LEGAL ISSUES: Medical malpractice

To the district court against the Doctors Hospital. He demanded that the hospital should pay him
for the injuries sustained by the collapsed bed. The petition found the hospital liable because they
gave the plaintiff a broken bed that was unreasonably dangerous in regular use. The hospital
argued the plaintiff was supposed to report to the medical team to review the problem before
going to the court as per the Medical Malpractice Act. The court then stated that the medical
panel and the insurance company, as indicated by the Medical Malpractice Act, should review
the case. The hospital compensated the patient through insurance for injuries caused by the
accident of the bed provided to him.

Violation of patient’s rights by a healthcare provider
In September 2018, the Minnesota-based Fairview South-dale Hospital was involved in a
patient breach of her privacy rights. The hospital videotaped the patient during a psychiatric
evaluation in the emergency room without her knowledge or consent. More so, the patient was
taken to the emergency room against her will because the police officer thought she might harm
herself. The patient discovered the recording during her request for the security camera footage
as part of her lawsuit evidence against the police for a forceful admission in the emergency
room.

The patient was shocked that the hospital videotaped her the whole time she was in the
emergency room. The hospital had not placed any marking on the room to indicate the presence
of cameras. The patient felt that her privacy was violated by the hospital because she was
recorded without her consent. The healthcare provider in the emergency room was supposed to
inform the patient that the cameras are recording her. More so, an indication of the recording

LAW AND LEGAL ISSUES
should be provided to create awareness to the patient. The patient should be aware of the reason
why her examination procedure is being recorded.

 

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