Sample Essay on:
Negligence Or Malpractice?

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Essay / Research Paper Abstract

3 pages in length. Negligence and malpractice are often mistakenly used to mean the same thing when they each have their own separate implications. To be negligent is to conduct oneself in a manner that lacks due care or in other words to be careless in one's actions. The extent to which negligence is defined involves the variables of what is considered reasonable for that specific situation. Laypeople and medical personnel alike can be held accountable for negligence. Malpractice by comparison speaks directly to the medical profession and is characterized by two distinct elements: 1) standard of care and 2) the caregiver's professional designation. Bibliography lists 8 sources.

Page Count:

3 pages (~225 words per page)

File: LM1_TLCNegliMalp.rtf

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Unformatted sample text from the term paper:

in other words to be careless in ones actions. The extent to which negligence is defined involves the variables of what is considered reasonable for that specific situation. Laypeople and medical personnel alike can be held accountable for negligence. Malpractice by comparison speaks directly to the medical profession and is characterized by two distinct elements: 1) standard of care and 2) the caregivers professional designation. Malpractice liability occurs when a practitioner fails to act in such a way that conforms to existing professional principles or to "foresee consequences that a professional person, having the necessary skills and education, should foresee" (Department of Health and Senior Services, 2007). Had this situation been anything other than one that involved medical personnel - a nurse practitioner in this case - it would then be classified as negligence inasmuch as a layperson would not be expected to possess the depth and breadth of experience or expertise inherently associated with being a professional. However, since the actions - or lack thereof - served to wrongly evaluate the boy by both an NP and the family physician who should have recognized the symptoms, it can be surmised how the NP performed or incorrectly read results from the diagnostic test; as such, the case definitely leans toward malpractice. Two glaring points that support this charge of malpractice include 1) the boys stiff joints/neck and how his white cell count was 15,000, a number that clearly suggests a raging infection somewhere in the body and 2) with all the telltale symptoms pointing to meningitis, the test should have been redone for accuracy when it showed no meningeal irritation. As an NP, the most important omission in this situation was failure to have another set of eyes look over the facts. Being ...

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