MEDICAL NEGLIGENCE Essay Example | Topics and Well Written Essays - 1000 words

MEDICAL NEGLIGENCE - Essay Example Nurse Rachett is an experienced intensive care nurse, therefore any decision she makes concerning the treatment offered in the intensive care unit is justified. However, Nurse Rachett is not a surgeon and could not make any decision concerning the operation and the breathing device without consultation from Dr. Kildare was not appropriate. The attempt to clear the breathing device while she was supposed to summon Dr. Kildare as directed is a medical negligence because Rameez ended up dead. Therefore there is a medical negligence on the part of Nurse Rachett. Rameez was forced through emergency to have surgery performed by Dr. Kildare; however, Rameez could expect the specialist surgeon’s degree of skill because Dr. Kildare was a specialist. In the intensive care, Nurse Rachett is mentioned as an experienced intensive care nurse; therefore Rameez expected and deserved an expert service. Rameez died out of the negligence of Nurse Rachett because she failed to summon Dr. Kildare, may be Rameez would have recovered if Dr. Kildare was summoned to clear the breathing device. Just like the motorists owe a duty of reasonable care to other road users, Lister N.H.S. hospital and its medical staff also owe to Rameez duty to care for his well being and safety. Breach of such duty may result into claims for succeeding damages. However, a difference exists between these two parties is that while majority of people, as a matter of common sense can decide on circumstances where motorists ride carelessly, most of medical treatments entail highly technical and specialized skills. For instance, the insertion of breathing device and decision to carry out an operation on Rameez required specialized and technical skills. If executors of Rameez decide to file a suit, then according to Tom (2005), a court of law will have to get more evidence from other medical specialists on the usual safeguards and correct procedures observed in specific medical treatments before making any d ecision on the damage caused as a result of negligence. Lister N.H.S. hospital was responsible for protecting Rameez from harm and to offer acceptable level of care. As Rameez’s executors, they are entitled to file a complaint if Rameez never received reasonable care and standards as this amounts to breach of duty of care owed to Rameez. Whenever there is breach to this duty of care, a medical negligence is usually committed by health professional. Doctors are responsible for ensuring that patient understands all risks associated with treatments so as they can provide an informed consent. Failure of which there is claim for medical negligence can be pursued. The case of Rameez amounts to medical negligence because Nurse Rachett failed to summon Dr. Kildare and hence did not provide reasonable care to Rameez which resulted into his death. According to Tom (2005), in order to claim this negligence in the part of a health professional (Dr. Kildare and Nurse Rachett), the plainti ff (Rameez) and his executors must prove the following: That duty to care was owed to the patient: legal duty for care exists any time health care provider or hospital takes care of the patient’s treatment. That duty to care was breached: the health professional failed to conform to and/ or provide acceptable standards of care That breach of duty for care caused harm or injury to the patient: the breach of duty for care is the proximate cause of injury or harm suffered by the patient That patient actually suffered a loss or damage: without