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Health, Medicine, Nursing
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Topic:

Medical Negligence and the Four Events that Must Accompany Them

Essay Instructions:

Review the background materials and the following essay:
Barcus, H. A. (n.d.) When does medical negligence become criminal? Retrieved from: http://www(dot)latlaw(dot)com/index.php/firm-news-articles/articles-2010/88-when-does-medical-negligence-become-criminal
There is a tension between the different stakeholders in cases of medical negligence. Some argue that medical negligence should be handled as a civil legal matter, while others push for it to be handled as criminal.
Make the argument as to whether medical negligence cases should be handled in civil court or in criminal court.
Your answer should not be simply opinion, but should be supported by evidence from the background readings as well as your own research.
Berke, D. M. (2016). Drive-by-doctoring: Contractual issues and regulatory solutions to increase patient protection from surprise medical bills. American Journal of Law and Medicine, 42(1), 170-189. http://dx(dot)doi(dot)org/10.1177/0098858816644720
Computers, software; minimizing Medicare fraud internally. (2015). State & Local Health Law Weekly, 23.
DuBois, J. M., Walsh, H. A., Chibnall, J. T., Anderson, E. E., Eggers, M. R., Fowose, M., & Ziobrowski, H. (2017). Sexual violation of patients by physicians: A mixed-methods, exploratory analysis of 101 cases. Sexual Abuse: A Journal of Research and Treatment. ePub. Retrieved from: http://journals(dot)sagepub(dot)com/doi/pdf/10.1177/1079063217712217
Hospitals sued: Claims of sexual abuse, harassment. (2016, April 1) Healthcare Risk Management, 38(4). Retrieved from the Trident Online Library.
Kim, C. J. (2014). The trial of Conrad Murray: Prosecuting physicians for criminally negligent over-prescription. American Criminal Law Review 51(517). Retrieved from: http://www(dot)americancriminallawreview(dot)com/files/3214/0943/7056/Kim.pdf
Licensed professional counselors sentenced for roles in $9.5 million fraudulent billing health care fraud scheme to siphon and steal money from workers' compensation program. (2016). Lanham: Federal Information & News Dispatch, Inc.
New Jersey Board of Medical Examiners imposes 5-year suspension on former prison doctor whose ‘gross negligence’ contributed to the death of state prison inmate in 2009 (2016, Aug 04). US Fed News Service. Retrieved from the Trident Online Library.
Showalter, J. S. (2015) Chapter 1: The Anglo-American legal system. In The law of healthcare administration. Chicago: Health Administration Press.
Showalter, J. S. (2015) Chapter 15: Fraud laws and corporate compliance. In The law of healthcare administration. Chicago: Health Administration Press.
Teegardin, C., Robbins, D., Ernsthausen, J., & Hart, A. (2016) Doctors & sexual abuse. The Atlanta Journal-Constitution. Retrieved from: http://doctors(dot)ajc(dot)com/
U.S. Department of Justice (2016, July 6). Dental management company Benevis and its affiliated Kool Smiles Dental Clinics to pay $23.9 million to settle False Claims Act allegations relating to medically unnecessary pediatric dental services. Retrieved from: https://www(dot)justice(dot)gov/opa/pr/dental-management-company-benevis-and-its-affiliated-kool-smiles-dental-clinics-pay-239
Optional Reading
Benevis, Kool Smiles to pay $23.9 million in settlement with Department of Justice. (2018, Jan 12). ADA News. Retrieved from https://www(dot)ada(dot)org/en/publications/ada-news/2018-archive/january/benevis-kool-smiles-to-pay-239-million-in-settlement-with-department-of-justice
Dance, S. (2014, Sep 03) Dando won’t face trial: Sexual assault charges dropped; doctor gives up his state license. The Baltimore Sun. Retrieved from the Trident Online Library.
Metrick, B. (2017, Mar 02). Doctor guilty of sexual assault, drugging. Public Opinion. Retrieved from the Trident Online Library.
Sanderson, S. (2018, Jan 26) Casper doctor found guilty of sexually assaulting patients. Casper Star Tribune. Retrieved from: http://trib(dot)com/news/local/crime-and-courts/casper-doctor-found-guilty-of-sexually-assaulting-patients/article_e323fd54-ad21-5681-a70e-639d589274f0.html#tracking-source=home-top-story-1
Temecula doctor convicted of 25 charges in sexual assault case. (2017, March 1). Temecula Patch. Retrieved from: https://patch(dot)com/california/temecula/temecula-doctor-convicted-25-charges-sexual-assault-case
Twohey, M. (2010, Apr 30) Women charged rape; doctor still practiced: Since 2000, 7 women have accused Dr. Bruce Sylvester Smith of sexual assault. Chicago Tribune. Retrieved from: http://www(dot)chicagotribune(dot)com/lifestyles/health/chi-100430doctor-story.html
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Essay Sample Content Preview:

Medical Negligence
Student’s Name
Institutional Affiliation
Course Name and Number
Lecturer’s Name
Assignment Due Date
Medical Negligence
Medical negligence refers to any malpractice case in a healthcare setting that endangers patients' health and safety. It occurs when medical professionals fail to comply with the appropriate care standard that may lead to mistakes during care delivery (Barcus, n.d). Mistakes such as committing surgical errors, ignoring symptoms, administering unnecessary medication, and incorrect diagnosis are associated with negligence cases (McGinley, 2018). Despite the severe consequences of medical ignorance, it is rarely tried as a criminal offense. Any legal action a healthcare provider in medical malpractice cases is often considered as a civil case. In these cases, the victims are entitled to compensation for their medical bills and other expenses without placing criminal charges on the defendant (Winingham, n.d). Therefore, since medical negligence cases are considered civil actions, they should be handled in criminal courts.
McGinley (2018) argued that the occurrence of medical malpractice must be accompanied by four events. First, there must be a duty of care established by a legal relationship between a physician and a patient. Second, there has been a breach of that duty through inadequate service. Third, the patient must experience physical or financial damage. Lastly, a proof that the damage is directly related to the breach must be available. These claims usually fall under criminal cases because they focus on the victim receiving compensation for what they have encountered, not punishing the defendant (McGinley, 2018). Theoretically, monetary support should assist with medical expenses, pain and suffering, lost income, and other additional costs associated with the impacts of the malpractice.
Although convicting a physician for negligence is not impossible, it is rare. These cases are not criminal cases should not be tried in criminal courts because they are not criminal cases. Vidanapathirana (2016) claimed that extreme conditions are needed for medical malpractice to become a criminal offense, particularly if the negligence results in the patient’s death. For a medical malpractice case to be regarded as a ...
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