Substituted Judgment Doctrine Medical Law Essay

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DISCUSSION BOARD

Discussion Board


Question 1:  You are the risk manager at an urban healthcare institution.  Describe three (3) action plans your department will implement and oversee in the next fiscal year to reduce the incidence of medical malpractice lawsuits brought against your institution.
It would be prudent to note that when it comes to medical malpractice, the focus happens to be on the duty of a healthcare practitioner to adhere to certain medical standards of care. A medical standard of care could be defined as “the specific conduct or implementation of procedures considered to be customary by the local relevant medical community at the time of the alleged negligent action” (Lamberg, 2018, p. 131). Carol Gunn indicates that 200,000 persons die in the US on an annual basis due to medical errors (TEDx Talks, 2015). It would be prudent to note that in the context described, there are a number of action plans that could be implemented in efforts to prevent claims related to medical malpractice. To begin with, my department would seek to ensure that all clinical procedures and undertakings are in line with nationally and globally accepted clinical guidelines. This is especially important given that the said clinical guidelines often come in handy in efforts to ensure that there is no significant variation in care. For this reason, they are especially instrumental in clinical decision-making.

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The said clinical…

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…guardian (who happens to be the patient’s surrogate) (Lamberg, 2018). Further, it would also be prudent to note that with every increase in the extent of bodily invasion, there is weakening of the interests of the state and the growth of the right to privacy of the individual (Lamberg, 2018). This also happens to be the case with the diming of prognosis. Lamberg (2018) also indicates that in Cruzan v. Director, it was established that the evidence of the patient’s preferences must be presented in a convincing and clear manner. Thus, to a large extent, the two court cases highlighted above demonstrate the relevance of individual liberty. In essence, state interests could prevail over an individual’s rights if there is a….....

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