Discuss whether malpractice has occurred in the following scenario. Provide your

Question

Discuss whether malpractice has occurred in the following scenario. Provide your rationale. A female patient came in for a hysterectomy and had been on bed rest for two days post-operatively. Ambulation was now medically indicated and attempts were made to get the patient up and walking. On the first attempt, the patient complained of dizziness and nausea. This was documented, the doctor made aware, and attempts scheduled for later in the day. On the second attempt, the patient was questioned about the earlier dizziness and nausea. It was no longer present. The patient, assisted by staff, got up, fell and broke her ankle.

Explanation / Answer

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, and aftercare.

Nursing malpractice occurs when a nurse fails to competently perform his or her medical duties and that failure harms the patient.

To be considered as medical malpractice under the law, the following characteristics should be present for claim:-

The case here mentions that patient was questioned about the dizziness and nausea. This also means that patient was well informed about the ambulation procedure also assistance was provided. Hence, in such case we cannot say malpractice to have occurred.

But, if the nurse carried forward the ambulation procedure without any instructions from Doctor (after informing him/her about the patient’s condition in first attempt), or carried the procedure without monitoring vitals like patient pulse, respiration and blood pressure in different positions. Then this case can be considered as case of negligence.

It also depends on patient's perception of the event.

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