Medical Malpractice

Medical practice is guided by professional standards and ethics. Failure to observe these rules results in medical malpractice, which can be in the form of improper treatment, ignorance during delivery resulting in the death of the child or the mother, inadequate prescription of medication, and making the wrong diagnosis (Canady, 2016). It is the right of the patient to access quality medical services at any public or private health centers. Medical malpractices have led to several court cases facing nurses and other health care professionals.

The claims of sexual assault that occurred in 2009 at Charles gate Nursing Center involved a 68-year-old woman and JUA insurance. The woman had been admitted at Charles gate Nursing home because she was suffering from Huntington’s disease. She claimed she was sexually assaulted by Alibied Josiah, who was an employee of the institution and a professional nursing assistant. This case was, thus, reported to the Superior Court to investigate and help start the journey of seeing that justice was served to the offended in case the allegation was true. Charles Gate Nursing Home was insured for one year starting from December 2008 to 2009 December by an insurance company named JUA insurance. The policy covered the institution for Commercial General Liability and Professional Hospital Liability.

One fact before the court makes a decision on the issues is to determine whether the insurance policy cover included such a case in the institution. After the investigation by the insurance company, it concluded that the above case cannot be covered by the policy being that it cannot be considered as an accident in any way. According to the complainant, at the time of the assault, the nursing officer who was present at the institution did not respond to her cry and did not also report the issue to the police station.

The court case shown above is an example of medical malpractice in the real life situation. It is unethical for a nursing officer who should be taking care of patients in a nursing home to assault a female patient. The complexity of the case has been attributed to the fact that the nursing home was insured by JUA insurance company for one year. I think it would have been easy for the court to make a ruling if the professionals had not been protected at the hospital. This has brought about the debate by the Charles Gate defenders and the tribunal to make the appropriate decision concerning the issue.

The evidence provided in the case is the cry of the complaint and the phone calls she made when the assault occurred. This exposes further malpractice of ignorance among the nurses at the institution for not reporting the case to the police, not responding to the woman cry since they were present, and employing someone with a known history of assault. The defenses arose from nurses at the institutions who claimed that the insurance company should be responsible for any form of abuse involving the hospital staff.

According to Canady (2016), the medical malpractice case process commences when a patient believes he she has been injured, mistreated, or harmed by a health care profession. He further explains that even though most malpractices cases never make it to the court, reported cases are given 180 days for verification before a decision is made (Canady, 2016).

In essence, justice for patients is one of the ethical values of a health care profession. Medical malpractice has been or rise in the health care system. As in the case presented, it is unethical for a nurse to be involved in an assault especially to his patients. The health care system implemented laws and policies against any form of medical malpractice. Any professional found guilty is rightfully taken to a court of justice.

 

Reference

Canady, M. R. (2016). The verdict is in: surviving a medical malpractice trial. Physician Leadership Journal, 3(3), 14-17.

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