Medical Malpractice research paper:
Medical malpractice occurs when a medical treatment was not carried in compliance with the knowledge available at the current state of medical science, unless the patient and the treatment provider have agreed and valid a different standard of care. Treatment failure can result from any act or omission of such. As the consequence, the therapists may be incurred liability by civil, criminal, or administrative code.
Medical malpractice is synonymous colloquially often referred to as medical treatment error because the medical treatment is done not in accordance with the rules of the (medical) Art (Latin lege artis, state of art). The original explanation goes back to Rudolf Virchow’s concept of the medical malpractice as a damage to health of the patient in need of proper attention or care and carried out contrary to the generally accepted rules, defined by medical science.
There must be no difference between observed, measured, or calculated states or processes on the one hand and the true, specified, or theoretically correct states or processes on the other. The Institute of Medicine (IOM) defines a medical malpractice as “the failure of a plan or use of a wrong plan to achieve an aim.” One distinguishes such errors after their cause or after the event of their occurrence, and even after the error behavior.
The error can be purely of medical nature, but can also be caused by organizational measures and relate to erratic behavior. A medical treatment error can also be caused by missing or incorrect and unintelligible, or incomplete security reconnaissance represented by the patient’s response to the therapy.
What would have been the right treatment, can be clarified by medical reports. Here, the orientation of medical guidelines, which on the basis of evidence-based medicine are written to be helpful. However, such guidelines are not always equated with the scientific standard. The medical assessment has both the freedom of treatment, as well as different schools of thought to take into account the particular time of treatment.
A practitioner owes the patient a fault-free treatment under service agreements, but not necessarily the cure. A medical malpractice can have civil and criminal penalties as consequences for the practitioner.
Not every therapeutic failure is a medical malpractice – complaints may also be known side effects or complications. It is often difficult to distinguish between the effects of the disease itself and the consequences of the incorrect treatment.
The causes of treatment failure are complex and numerous. In addition to general human shortcomings there is increasing public awareness of the external conditions, which increase the risk of medical errors.
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