Case Study – Medical Malpractice Report, writing homework help

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Examine the legal and ethical implications of medical malpractice. Read the case study on John Parker on pages 245-247 in Contemporary Issues in Healthcare Law and Ethics. Write a 4-5 page report to the chief executive officer for Littleville Family Health Plan, a managed care organization (MCO), to assist them in gaining a better understanding of what occurred and the legal implications for the organization.

Your report should address the following substantive requirements:

  • Description of what occurred, who was affected, and why
  • Assess the case from the following perspectives:
    • Ethical – identify the ethical principles involved in this situation from the perspective of the patient (John Parker), physician (Dr. Green), and the organization (Littleville Family Health Plan).
    • Legal – what are the legal implications and what laws or statutes were involved?
  • Provide two recommendations for how to manage this case from the perspective of the healthcare organization. What could have been done to prevent this situation?
  • Recommend next steps to manage this case by the MCO.

Your report should meet the following structural requirements:

  • Be 4-5 pages in length, not including the cover or reference pages.
  • Be formatted according to the APA Requirements.
  • Provide support for your statements with in-text citations from a minimum of four (4) scholarly articles. Two (2) of these sources may be from the class readings, textbook, or lectures, but two (2) must be external.
  • Utilize the following headings to organize the content in your work.
    • Introduction
    • Assessment
    • Recommendations
    • Conclusion

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ACTIVITY 10.1: JOHN PARKER John Parker, age 35, was a self-employed consultant. When he moved to Littleville in 2012, he purchased health coverage for himself and his fam- ily from an MCO known as the Littleville Family Health Plan (the “Plan”). The Plan provides physician services to its enrollees through a network of independent physicians in private practice. Each of those (continued) (continued from previous page) participating physicians has entered into a written agreement with the Plan. The standard agreement explicitly provides that the physicians are not employees or agents of the Plan. The Plan does not provide copies of its participating physician agreements to the patients who are enrolled in the Plan. However, at the time that he enrolled, the Plan did send Parker an 87-page brochure. On page 54, the brochure from the Plan contained the following language: "We are very happy that you have chosen the Plan to meet all of your health care needs. To obtain services under the Plan, you will need to select a primary care physician (PCP) from the enclosed list of the Plan's participating physicians. Please note that these participating physicians are not employees or agents of the Plan." Parker did not know any doctors in the area, but he selected Dr. Susan Green as his PCP because she was on the list provided to him by the Plan. Dr. Green is a solo practitioner in private practice, and she leases office space for her practice in a shopping center in the suburbs of Littleville. On July 15, 2013, Parker began experiencing dizzy spells. He called Dr. Green's office and made an appointment to see her the next day. On July 16, 2013, Dr. Green examined Parker in her office and made a diagnosis of Swinehausen's syndrome. The standard treatment for that medical condition is to prescribe one tablet of pentamite (10 milligrams) once a day for three weeks. In her discussion with Parker, Dr. Green explained the risks and benefits of pentamite as well as the alternative forms of treatment, and Parker consented to take the pentamite as rec- ommended by Dr. Green. Dr. Green had a large supply of pentamite in her office, because a sales representative for a pharmaceutical company had given her several boxes as free samples. Rather than waste time and money by sending Parker to a pharmacy, Dr. Green simply gave Parker one of the sample boxes of pentamite. The dosage information from the manufacturer stated that the appropriate dose of pentamite was one tablet (10 milligrams), once a day for three weeks. However, Dr. Green misread the dosage information and instructed Parker, both orally and in writing, to take ten tablets of (continued Copying and distrbution of this PDF is prohibited without written permission For permission, please contact Copyright Clearance Center at www.copyright.com (continued from previous page) pentamite (10 milligrams each) once a day for three weeks. Parker did precisely as he was instructed by Dr. Green. At the end of the second week of taking the pentamite as instructed, Parker had a sudden heart attack and died. As the personal representative of his estate, Parker's wife filed a lawsuit in state court against Dr. Green and the Plan. According to the allegations set forth in the complaint, Dr. Green was negligent in her treatment of Parker by prescribing the wrong dosage of pentamite. In addition, the complaint alleged that Dr. Green had failed to obtain his informed consent to the pentamite treatment. Although Dr. Green had informed Parker about some of the risks of taking pentamite, she failed to inform him of the risk that she might prescribe the incorrect dosage and thereby cause his death. According to the complaint, if Dr. Green had properly advised Parker of the risk of prescribing an incorrect dos- age of pentamite, he would not have consented to take that medication, and he would still be alive today. With regard to the Plan, the plaintiff alleged that it should be held liable for Dr. Green's negligence. In addition, the plaintiff claims that the Plan should be held liable for its own negligence in this case. Please analyze each of the claims made by the plaintiff against Dr. Green and the Plan. Be sure to discuss all of the elements of each claim as well as your estimate of the likelihood of success on each claim. If you think you need any additional facts, state the facts that are needed, and explain how those facts would affect your analysis. you think
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Running head: MEDICAL MALPRACTICE

Medical Malpractice
Institutional Affiliation
Date

MEDICAL MALPRACTICE

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Introduction
Medical malpractice has for long been a controversial legal and social issue, with the
subject being predominant since the 1970s. There has continued to complain by physicians about
a large number of malpractice cases and have sought for legal reforms to control the big damage
rewards while tort litigants have claimed that negligence cases are efficient ways of making
compensation to negligence victims and the regulating the medical profession. Physicians are
professionals who owe their clients(patients) the duty of care. This aspect is hardly an issue
because once medical practitioners agree to attend to patients, it is their duty to provide
competent professional medical care. Similarly, when healthcare institutions agree to attend to
patients, it is their obligation to ensure that clients receive professional care to the maximum
required standard of professional medical ethics and law. However, an allegation of medical
malpractice including the case study described, the complainants should be able to prove some
critical elements identified by the medical ethics body in conjunction with the law. Firstly, a
person alleging medical negligence and malpractice should be able to prove that there was an
initial duty of care which was owed by the physician or the correspondent institution to offer
medical care. Secondly, there must be proof of violation of the applicable care standards by the
physician. Thirdly, there should be evidence that the alleging person suffered an injury, damage
or loss that is ...


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