Hcs 478 the Neighborhood Negligence Paper

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The Neighborhood: Negligence Article in Newspaper In Season 3, Episode 7 of the Neighborhood, the Neighborhood newspaper reported that a 62-year old patient at Neighborhood Hospital had the wrong leg amputated. The newspaper referred to this tragic incident as “negligence” and mentioned “complaints of poor treatment, union problems, and nursing shortages,” implying that these may have attributed to the cause of the error (The Neighborhood, 2008-2014). This paper will discuss the differences between negligence, gross negligence, and malpractice, as well as the impact these issues have on ethics and the documentation necessary to satisfy legal requirements. Categories of Negligence Oliver Wendell Holmes, Jr., the great Supreme Court Justice, wrote, “Even a dog distinguishes between being stumbled over and being kicked” (Holmes, 1909, p. 3). The distinctions between errors, negligent errors and gross negligence have much in common with this quip. Negligence Legally, the term “negligence,” as it pertains to medical providers, means “the failure to exercise the degree of care that a careful or prudent practitioner would have exercised under like circumstances” (Harris, Richards, & Fincham, 2006, p.1377). Negligence could be either an action or a failure to act when necessary to prevent harm to the patient (Harris et al., 2006). Most malpractice suits involve ordinary negligence. The decision is usually made by a jury, based on the facts provided (Harris et al., 2006). Gross Negligence The definition of ordinary negligence does not include reckless or willful behavior. However, gross negligence is defined as behavior that shows a "wanton or reckless indifference to the safety of others" (Harris et al., 2006, p. 1377). Any injury to a patient could be either ordinary negligence or gross negligence. However, for a case to be brought against someone for gross

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