Question

Locate an article that demonstrates an example of malpractice in the medical field. The example should be no more than three years old. Attempt to find information about an actual case, not one where a possible malpractice has been identified in the media or online. Conduct a search of whatever matter you note to see if there has been an appeal or follow up reporting since its initial action. Summarize in your own words, the details, the finding of the court and the amount of the award to the plaintiffs. Indicate whether you believe the award is commensurate with the reason for the claim and whether you believe the law should be changed to limit this type of award.

Answer 1

Medical malpractice is act of negligence committed by the medical provider or by a physician and the Medical malpractice occurs when a health care professional neglects to provide appropriate treatment and omits to take an appropriate action or we can say it gives substandard treatment that causes harm, injury, or death to a patient .

The malpractice normally it involves a medical error which could be in diagnosis, medication dosage, health management, treatment or aftercare and which is punishable by the court.

Last year a case of Malpractise just happend in front of my eyes as i have a neighboured in Chandigarh and in their family this case happened .

The case was as the Woman Named Mrs Divya kapur had her operation of her stomach from PGI Chandigarh and its a Government Hospital where there are experienced Doctors and professionals .

Due to some mistake of the Doctor there was some very small tool left inside the Patient that is Mrs Divya Kapur Stomach and after 1 month of the operation the patient had a seviour pain inside her stomach and their family as the patient was in Delhi now so took the patient in Delhi Hospital ( Fortis Hospital ) .

The Doctors and professionals of Forits Hospital identified after doing a scan that this is an case of  malpractice and refused the patient family to work on the patient because according to Doctors it may also result to Patient Death so they refused to Treat her .

There was one lawyer in Patient family so he came  and addressed few legal things to the Doctors which were As-

• misdiagnosis or failure to diagnose
• unnecessary or incorrect surgery
• premature discharge
• failure to order appropriate tests or to act on results
• not following up
• prescribing the wrong dosage or the wrong medication
• leaving things inside the patient’s body after surgery
• operating on the wrong part of the body
• the patient has persistent pain after surgery
• potentially fatal infections acquired in the hospital
• Treating an patient wisely by a Doctor or proffesional who is already suffering from Medical malpractise no action shall be taken against him if suppose in doing the surgery or her cure the patient dies .

The good news here was the patient was releived and was taken proper care by the Doctor so the patient family filed a case against that previous Doctor who was responsible for Medical Malpractise .No doubt the Patient was compensated with a decent amount but it took alot of time as there were following things -

1; Court takes a lot of time in solving the Medical Malpractise case

2; Alot of energy and money was involved in fighting the case by the patient

3; There were many threats and pressure given to patient by Medical Authority of India

4 Time Consuming

5. Degree and the licence of the Doctor was not suspended and which should have been suspended by the court.

6; There are many more such pending cases in the court which has not been yet addressed properly or many cases of Medical Malpractise are even suspended by the court.

There should be more strickness done on Medical Malpractise has it is related to risk someone`s life and playing with life should be punishable and All the cases coming of Medical Malpractise should be taken care of properly by court and the decision given by court should be wise it should not be baised or One sided.