It is human nature to make mistakes; however, mistakes that cause harm to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating on Mr.
Benson was considered to be negligent, gross negligent or was this mistake malpractice. To determine if the doctor who operated on Mr. Benson was negligent, the term negligent has to be defined. According to the Journal of Legal Nurse Consulting (2007), negligence is defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others’ rights. In Mr.
Benson’s case, the doctor would be considered to be negligent. The surgeon did not act in the same way another surgeon, in the same practice would have acted. For some reason, not all the measures were taken to ensure the correct leg was to be amputated. There have been other cases like this that have happened in the past and procedures were created so this type of mistake would not happen again. Such procedures are taking a time out right before surgery is to happen. All staff in the operating room is to stop and take a time out, making sure the correct patient is in the operating room and the correct surgery is to be performed.
Had the doctor’s and nursing staff in the operating room performed the time out, the correct leg on Mr. Benson would have been amputated. The next question is this mistake considered to be gross negligence. Gross negligence is that when someone deliberately does an act to someone else that causes harm or bodily damage, or even death. The doctor’s who operated on Mr. Benson did not commit gross negligence. From the article, it seems as if the doctor’s made a mistake and amputated the wrong leg. The doctor doing the operation did not deliberately amputate the wrong leg.
It was a mistake that unfortunately caused Mr. Benson to have the wrong leg amputated. The amputation of the wrong leg was not done maliciously. Therefore, this mistake could not be considered gross negligence. However, this act could be considered malpractice. “Malpractice is an instance of negligence or incompetence on the part of the professional” (Goldsmith, 2007, p. 24). “Medical malpractice occurs when a doctor fails to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under same or similar circumstances” (Goldsmith, 2007, p. 24).
It has already been proven the doctor operating on Mr. Benson was negligent in the care he gave to Mr. Benson. Because negligence has already been proven, it is therefore proven that the act is a malpractice act. Another surgeon in the same profession as the one who originally operated on Mr. Benson would not have operated on the patient without taking the time out to make sure the correct patient was in the operating room and the right surgery was to be performed. Because another doctor would not have made the same mistake as the one who operated on Mr. Benson this mistake is considered malpractice.
Taking into consideration the article reporting this negligent act, could measures have been taken to alleviate such a mistake. Documentation allows others to know what has or has not been done for a patient. “Detailed documentation demonstrates adherence to policies and procedures, assessments and interventions, and what patient education was provided. Improper charting could haunt the nurse or the doctor later” (Eisenberg, 2010, p. 25). Unfortunately, the article regarding Mr. Benson’s case did not give detail on whether or not proper documentation had occurred.
However, one can assume documentation was not done properly as the wrong leg had been amputated. If proper documentation had been completed in Mr. Benson’s case, it is possible someone besides the surgeon may have caught the wrong leg was about to be amputated. An example of proper documentation would be the consenting of the patient for surgery. Mr. Benson had to have been consented for surgery, which means a doctor or a nurse practioner would discussed with the patient which leg was to be amputated, signs and symptoms of complications and what to expect after surgery.
If there was any question once the patient was in the operating room, which leg to amputate, anyone could have looked in the patient’s chart to see what Mr. Benson had been consented for. Documentation of the time out could have also prevented Mr. Benson from having the wrong leg amputated. The reason being is, everyone involved in the case would have stopped and made sure the right patient was in the operating room and the right surgery was to be performed so it could be documented this act was completed.
Not only proper documentation could have prevented this horrible act but also the help of the nurses could have prevented a mistake like this from happening. The use of ethical principles by the nurse could have helped prevent this situation from occurring. If I were the nurse taking care of Mr. Benson I would have used the ethical principle of respect, meaning I would have respected Mr. Benson as a patient as well as a person. I would have taken the necessary steps to ensure Mr. Benson was being treated with the utmost respect as a person and a patient.
I would have made sure the time out had been performed prior to the surgeon operating on Mr. Benson. By doing this I am respecting Mr. Benson’s trust of the nursing staff as well as the physicians that all procedures are being completed. The second ethical principle I would use is the principle of advocacy. I have to be Mr. Benson’s advocate in a situation in which he cannot speak for himself. If Mr. Benson is under sedation, I have to be the one who speaks up for him and make sure everyone involved in the case is doing what he or she is supposed to be doing.
I should be the one making sure no corners are being cut. According to the British Journal of Nursing (2009), the NMC Code of Conduct provides that nurses must justify the trust placed in them by the people in their care by providing a high standard of practice and care at all times. “If a nurse abides by the NMC code, then they should be at no risk of prosecution for criminal manslaughter, even if a procedure goes wrong” (Huxley-Brinns, 2009, p. 892). Proper documentation is another way to ensure all measures were taken so a mishap like this does not occur. If I were the nurse taking care of Mr.
Benson I would document everything I did as the nurse. I would document what happened as it happened. I would also make out an incident report after the mistake had happened. Documenting what happened as it happened would justify the legal requirements of documentation. The ethical aspect of this situation would be justified if I documented what took place in the operating room as well. However, if I were the nurse in the operating room this detrimental mistake would not have occurred, as I would have made sure the time out was completed directly prior to the surgery.
I would have made sure everyone involved in the case knew exactly what surgery was to be done and which leg was the correct leg to be amputated. Applying the ethical principles and documenting procedures as they occur are ways to avoid this type of mistake. Unfortunately for Mr. Benson, he went into the hospital to have a below the knee amputation and the doctor who performed the operation, amputated the wrong leg. In this paper negligence, gross negligence, and malpractice were defined. After defining these terms, it has been determined that the doctor performing the surgery was negligent, and it was malpractice.
Had proper documentation been performed this accident may have been caught. Use of the ethical principles could have guided the nurses involved, to take measures so this accident did not occur. It is unfortunate corners were cut and a person lost a limb because of it. Had everyone involved in this case used the proper procedures when operating on a patient, this mistake would have been caught well before the surgery started. It is so important to complete all procedures and to follow all policies when health care professionals are handling people’s livelihood.