Criminal Cases in Healthcare Essay Example | Topics and Well Written Essays - 750 words

Criminal Cases in Healthcare - Essay Example The identified case for review is available from The New York Times. Flegenheimer authored the article that was published on 25 May 2012. In the case, a patient called Martin was awarded 120 million dollars as compensation for brain damage caused by negligence among healthcare personnel. The identified liability was proportionately shared among five parties, Jacobi Medical Centre, Kings County Hospital Centre, Brookdale University Hospital and Medical Centre, healthcare personnel and the plaintiff (Flegenheimer, 2012, p. 1). Facts of the case identify mismanagement of the patient’s treatment at the different hospitals where she sought medical attention because of seizure. The allegedly improper care led to health complications including Martin’s brain damage and adverse skin complication (Flegenheimer, 2012). The scope of the case identifies professional malpractice – negligence – among the involved care personnel with a limited scope of contributory negligence from the plaintiff. Based on the essentials of a contract, as implied by a physician-patient relationship, healthcare personnel and a care organization, by vicarious liability, have legal obligations to handle a patient with uttermost care that is reasonable within the professional practice. Failure to observe such care identifies criminal and civil negligence (Witt, 2006). Martin’s position as a patient at the care facilities and her subsequent injuries satisfy the legal essentials of negligence that includes existence of a duty of care, breach of that duty and a subsequent loss due to the breach (Madden, 2003). Contributory negligence, however, partially shifts liability to the patient (Lunenburg & Ornstein, 2007). The doctrine of negligence and contributory negligence implies liability on both the defendant and the plaintiff for failing to take due care in managing the plaintiff’s conditions. The care