Introduction
Negligence is a major cause of public distrust in any profession. The general understanding of negligence includes carelessness, lack of attention while executing tasks and abdicating professional responsibilities (Croke, 2003). In most cases, negligence refers to a deliberate act of ignoring one’s obligations. Thus, negligence exists in situations that lack focus in following instructions or upholding professional standards. In this case, a professional acts in a manner that deviates from acceptable standards within a profession. Consequently resulting into injury or harm to a patient.
Gross negligence is a term that describes a professional act that is reckless in nature. Such an act leads to total disregard of the rights of a human being (Stubenrauch, 2007). Gross negligence results from an indifferent state that characterizes extreme departure from the standard practice.
Malpractice is a specific form of negligence that takes place within a profession. In this case, malpractice takes into account the status of an individual within a profession (Croke, 2003). It also puts into consideration the necessary standard professional procedures. In short, malpractice is an act that negates and violates a professional duty.
Comparison of Negligence, Gross Negligence and Malpractice
Gross negligence is a term that captures reckless behaviors during a professional conduct. In essence, recklessness occurs when there is an extreme departure from standard practice. On the other hand, malpractice checks the status of the person within a profession. It evaluates the violation of professional duty. Negligence focuses on failure to act in a prudent manner.
On the other hand, malpractice sheds light on improper conduct that results from ignorance or lack of skill (Brennan, Colin, & Helen, 1996). Both aspects cause harm to the patient or client. It is important to note that right professional conduct will prevent harm or injuries that come because of negligence and malpractice.
A doctor can be negligent when he fails to perform his duties in line with the medical standards. As a result, the patient faces harm or injury (Sharpe, 1999). Similarly, malpractice occurs when the doctor chooses to be reckless or even careless when handling the patient. These three terms result in injury to a client within a medical profession. In addition, they bring about public distrust within various professions.
Case Analysis: Joseph Benton
Joseph Benton’s case is a classic representation of medical malpractice. The medical team at the Neighborhood Hospital did not conduct themselves in a professional manner when handling Benton’s amputation. It was the hospital’s responsibility to ensure that Benton’s case was handled in a professional manner. However, there was breach of duty when the hospital professionals failed to amputate the right leg resulting to injury. The harm in Benton’s case was caused by of failure to act on the right information as detailed in his records.
In essence, this was also a case of gross negligence since the doctors failed to perform their jobs in a reasonable manner as per the professional expectations. The hospital professional team breached their duty when they allowed surgeons to amputate the wrong leg. By failing to examine the relevant information, the doctors performed a wrong medical procedure. As a result, they amputated the wrong leg leaving the patient in a state of pain and mental anguish. Conclusion
Having proper documentation is an important step in reducing cases of negligence and malpractice in the medical field. It is critical for the Neighborhood Hospital to invest in the right professional team to handle important information. Without this, the hospital will open up itself to a series of suits resulting from malpractice. In Benton’s case, failure to comply and follow the right procedures resulted in injury. However, with the right professional framework, cases like the one above will not occur. Proper records and clear organizational framework within a medical practice is a major boost when it comes to professional conduct.
References
Brennan, T., Collin, S., & Helen, B. (1996). Relaxation between Negligent Adverse Events and the Outcomes of Medical-Malpractice Litigation. The New England Journal of Medicine , 67 (5), 1963-1967.
Croke, E. (2003). Nurses, Negligence and Malpractice. American Journal of Nursing , 103 (9), 54-62.
Sharpe, C. (1999). Nursing Malpractice: Liability and Risk Management. New Jersey: Greenwood Publishing Group.
Stubenrauch, J. (2007). Malpractice versus Negligence. American Journal of Nursing , 107 (7), 63-68.