THE DISCUSSION WAS:
Describe a news story or professional experience in which someone claimed that a doctor, nurse, hospital, nursing home, or other healthcare provider did not treat them with the appropriate standard of care. Briefly discuss what happened. How was the situation handled? Do you believe the standard of care was violated? If so, how? The best answers will relate concepts from this week’s materials. Respond to the posts of at least two of your classmates.
I WILL PUT WHAT I SAID FOR THE DISCUSSION IN THE FILES IF THAT WILL HELP
BUT NOW I HAVE TO RESPOND TO A PEER SO HERE IS WHAT THE PEER SAID:
The standard of care can be defined as the guideline to decide if a professional obligation to the patient has been reached. Clinicians who cannot meet the standard of care are considered negligent, which carries serious consequences for the clinicians (Vanderpool, 2021).
In 2021, the Detroit News made a report about a Michigan orthopedic surgeon who did not treat patients with the appropriate standard of care. The story highlighted how the surgeon was accused of negligence, incompetence, and making inappropriate advancements towards patients. There were also prior complaints in 2019 that the surgeon caused patients to have high infection rates, did not properly diagnose and treat infections, failed to maintain patients’ charts accurately, and lacked professional interactions with staff members and patients. In this case, the situation was reported, and the state Department of Licensing and Regulatory Affairs revoked the surgeon’s license for one year, and he received a $10,500 fine (The Detroit News, 2021). I believe the standard of care was violated because the surgeon put patients at risk, neglected his duties as a healthcare professional, and did not uphold his oath of conduct.
References
The Detroit News. (2021). Michigan doctor accused of negligence, sexual advances loses license for a year. https://www.detroitnews.com/story/news/local/michigan/2021/02/09/michigan-doctor-accused-negligence-sexual-advances-loses-license-year/4461282001/
Vanderpool D. (2021). The Standard of Care. Innovations in clinical neuroscience, 18 (7-9), 50–51. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8667701/#:~:text=The%20standard%20of%20care%20is%20a%20legal%20term%2C%20not%20a,legal%20standard%20varies%20by%20state
Demonstrate more depth and thought than saying things like “I agree” or “You are wrong.”
READING RESOURCES THAT MAY OR MAY NOT HELP;
Textbook: Medical Law and Ethics, Chapters 2 and 3
Chapter 2 guiding questions:
1. What are sources of law?
2. What types of criminal actions relate to people in the healthcare profession?
3. What is the difference between a misdemeanor and a felony?
Chapter 3 guiding questions:
1. What are the four basic characteristics of state medical practice acts?
2. What does the term standard of care mean?
3. What is the difference between licensure and certification?
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Review this Shapiro Library article to understand the history and scope of health law in the United States.
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Read this Shapiro Library article to understand how U.S. federal and state laws, licensing requirements, payers’ conditions of participation, and the standards set by accreditors all regulate the quality of medical practice.
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