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APA
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Health, Medicine, Nursing
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Medical Negligence.Health, Medicine, Nursing Essay

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

Essay Sample Content Preview:

Medical Negligence
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Medical Negligence
Medical negligence happens when a medical practitioner goes against professional work standards and causes injury to a patient. It is a legal cause of that is spelled out in the jurisdiction of the law of negligence. However, considerable debate is on how medical malpractice should be prosecuted and if it should be judged in civil or criminal courts. Similarly, a significant tension exists among different stakeholders on how medical malpractices should be tried, pushing for its trial as a civil legal matter. In contrast, others drum for it to be dealt with as a criminal offense. I believe that any action that endangers human life is illegal; hence medical negligence needs to be handled in criminal courts.
Barcus says that medical negligence was an uncommon phenomenon between 1809 and 1981, where only 15 cases were reported (Barcus, n.d.). The trend, however, has changed with numerous incidents reported all over the world. Kim (2014) gives an excellent example of Michael Jackson's doctor, who was charged in court for medical negligence. Doctor Conrad Murray was arrested and charged in a court of law for involuntary, causing the death of artist Jackson by being negligent in administering anesthesia called Propofol to his patient. The drug is often applied in a hospital where monitors continuously check the patient, but Murray went against it and delivered the medication at home. This instance is a criminal offense. The doctor knew very all the professional ethics, but he chose to ignore the causing loss of life. It is the ignorance that makes it criminal.
Most deaths that happen in doctors' hands do not occur as mistakes, but because doctors are concerned with failing to follow strict procedures (Berke, 2016). The medical sector needs extra car...
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