Analyzing the Case of Carla Miller

Liability Discussion: The Case of Carla Miller
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Despite being professional in their field, errors could still occur that result in a large influence in the medical field. This relates to the hundreds of cases in the world where medical practitioners meant to or did not mean for the malfunction to occur. The case of Carla Miller would be one example in which it resulted in a lawsuit that cost 25 million dollars.
The Case
Dier (2019) explained the cause of the major lawsuit provided to Dr. Kelvin Moses and Dr. Elizabeth Green, doctors at Vanderbilt University Medical Center, and was the doctors assigned for the kidney operation of Carla Miller. The medical error that occurred was due to the wrong placement of a stent in the right kidney which caused the family Miller to file a lawsuit. Afterward, the two doctors apologized then made move for a second operation and presented that it was an honest mistake. After two months, Carla Miller died, the lawsuit was still ongoing, and the doctors stated that Miller’s death had no evidence that connects to the error previously done in the operating room. Relating it towards the Hippocratic oath, which refers to the unwavering principles of practitioners in the medical field, this medical error confronts it (Tyson, 2001). Even for me, it is like the foreground of morality and action in medicine that is why I hold it with great purpose.
Maleficence and Negligence
Opposite from non-maleficence where it refers to the principle of not performing harm towards others (Elton, 2020), maleficence is not. Contrary to non-maleficence, these are actions that are done to harm with a conscious mind. On the other hand, according to Hurwitz (2004), negligence refers to a mistake or failure that is done unconsciously. In the medical field, it is also said to be a “normative legal doctrine (Hurwitz, 2004)” where the jurisdiction can provide legal changes to the standard of care despite evidence but is rarely done. That is why maleficence, purposeful wrongdoings, and negligence, unconscious mistake, should not be common in the field of medicine because this profession revolves around the life of a person.
Liability and Responsibility
But questions remain of who and how many people are accountable if ever a medical error occurs. From the study of Bell et al. (2011), they stated that collective accountability should occur when a medical practice is about to ensue. This functions as a bridge to refer towards the practice and the people i...