Running head: Ethical Components of the Malpractice Case 1
Ethical Components of the Malpractice Case 2
Ethical Components of the Malpractice Case
Several moral issues are linked to the case of Hilo Medical Center USA vs. Iturralde, that has resulted in this negligence case. The first ethical issue is when Dr. Ricketson decided to continue with the operation without completing the inventory of the kit that was earlier sent by the Medtronic hospital. It was ethically wrong for the doctor to conduct the surgery without reviewing the unit. The staff attendants at the emergency department neglected the responsibility of verifying the inventory stock, which prompted the doctor to cause harm to the patient leading to death because of surgery complications. Another violated ethical issue is perceived as the procedure that was followed during the operation. The patient has not consulted before the surgery. Significantly, the client was supposed to be informed about the associated risks of the operation to be conducted. Also, the patient was to be asked whether there are questions or worries before the doctor could insert the rod in the fractured leg. Lack of proper legal documentation and a signature from the patient, it can clearly be brought into a concern that the patient lacked the understanding of the type of surgical method to be used and the aftereffect risks that could arise after the operation.
The ethical theory that would help settle the issue and gives a safe, quality human service involvement for the patient is the theory of utilitarianism. “Utilitarianism is a philosophical view or theory about how we ought to assess a wide scope of things that include decisions that individuals face. Among the things that can be assessed are actions, laws, strategies, character qualities, and good codes. Utilitarianism is a type of consequentialism since it lays on the possibility that it is the outcomes or aftereffects of activities, laws, strategies, and so forth that decide if they are positive or negative, set in stone” (Butts & Rich, 2019). If Dr. Ricketson thought about this moral philosophy, he would’ve known and concluded that is wasn’t right to play out the medical procedure without the patient understanding the advantages and the dangers of the medical operation. The patient would have the choice to reject the operation if he was able to comprehend the aftereffects risks associated with the operation. Different medical results would have been witnessed because the attendant doctor would have taken and reviewed the inventory of the surgical kit. Dr. Ricketson would not have operated the operation without the missing rod. For this situation, he went ahead to insert a temporary rod of a screwdriver without informing the patient as well as getting permission from him. The doctor was supposed to have applied the principle of utilitarianism as well as informing the patient regarding this negligence case, but decided to remain quiet until when the patient came for the next procedure to fix the error with the right rod. In this case the theory was applied, the patient would have received quality care, and he would not have succumbed to death.
A collaborative decision-making model enables the doctor and the patient to have a corporative relationship that will lead to the delivery of quality and safe healthcare services. It is at this point; they can effectively plan, settle on tests whose inferences are drawn from clinical data, which according to Bono & Hipskind (2019), can assist in balancing the risks and results of their plan as indicated by the patient approved qualities. Decision-making model could have been applied in this case. In the event that the model was applied, the patient would be informed about the surgical method to be used and the risks associated with it. The patient would have been in the position to question anything he feels uncomfortable with and inquires more about the operation. At long last, the patient would have settled on available choices, whether to accept the surgery or not.
The Hilo Medical Center USA ought to have utilized a nitty-gritty moral guideline when offering care to a patient. The rule could have anticipated the errors and furthermore avert a similar slip-up later on. Getting informed consent and decision-making features among the most essential guidelines to be looked into from the patient. This guarantees the plan of care set up advance the patient-focused results. It is likewise imperative to obtain informed consent to avoid any legitimate inconveniences, much the same as the one related with the hospital and Iturralde case. It is additionally significant that the staff individuals from the clinic are assessed all the time to ensure the care they are giving a patient is sufficient and within the extent of training (Idemoto, 2007).
In the process of applying the decision-making model and getting informed consent from the patient before the commencement of the operation, the healthcare provider is supposed to deliver the care and services as talked about. This means the talk should have been typed and recorded for future reference in case the patient wants a more in-depth understanding. This is similarly valuable to Dr. Ricketson as it assists them to cover their professional medical license. Significantly, it is helpful to assess all the nurse attendants present in the department inventory unit to determine whether these staffs colluded with the doctor to ensure the wrong surgical process remained discreet.
Butts, J. B., & Rich, K. L. (2019). Nursing ethics. Jones & Bartlett Learning.
Bono, M. J., & Hipskind, J. E. (2019). Medical malpractice. In StatPearls [Internet]. StatPearls Publishing.
Idemoto, S. K. (2007). Medical Malpractice in Hawai’i: Tort Crisis or Crisis of Medical Errors. U. Haw. L. Rev., 30, 167.