Doctor Failed to Identify Bleed in Patient's Head: Negligence of Duty of Care? - Essay Sample

Introduction

Legally, it is the responsibility of a doctor to review all aspects of patients to determine their health status. In this case, it was the duty of the doctor to effectively review the scan to determine the health condition of the young girl. Failing to identify that the patient had a bleed in the head is perceived as negligence of duty of care. In tort law, doctors are supposed to adhere to standards of health care by effectively reviewing patients’ conditions to avoid the harm that could occur in the future due to their negligence. Basically, the failure of a doctor to identify the bleed may be perceived as the background cause of the death. If the condition was previously identified, the patient could have received the necessary care, thus preventing her death. As such, doctors must understand that they owe a patient a duty of care. Based on the daughter's medical record, the doctor violated the law after they failed to meet the appropriate level of care for a patient. When in hospital, doctors and other health practitioners are responsible for patients’ health. Therefore, the kind of actions and conducts they engage in should not impose harm on the patient. Instead, they are supposed to create a good relationship with all parties involved. Patients and health practitioners are supposed to develop a positive relationship, which enhances the treatment program.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

After the death of the daughter, Mrs. Wood suffered a recognised psychiatric illness. The illness occurred due to the psychological trauma that she experiences after trying to save her daughter's life, but the doctor failed to take the necessary actions. Making a mistake in a health setting is a critical aspect that may cause harm, both direct and indirect. In this case, the root of Mrs. Wood's condition is grounded on what happened to the daughter. The condition may affect her ability to carry out crucial duties for survival. As such, Brightelm NHS Trust owes Mrs. Wood a duty of care due to medical malpractice. In health care, doctors have standards that determine how they are supposed to handle patients. The law sets the minimum standards that a doctor should have for them to deal with patients. Therefore, the hospital should ensure all doctors have the required standards before they are assigned a particular duty. The approach would help to control doctors from a breach of the duty of care. The approach will assist in preventing any form of medical malpractice that may occur in the health setting.

Mr. and Mrs. Skye

Legally, doctors and other health practitioners are held responsible for taking care of and protect the welfare of a patient. As such, all materials and equipment health practitioners use when dealing with a patient should not impose harm. Based on the case study, the health practitioner, Aran, improperly used a monitor, thus failing to identify the condition of the baby. Due to poor diagnosis, the child suffered from severe brain damage. Legally, negligence due to improper use of materials leads to liability. In this case, the Aran failed to follow manufacture instruction, thus poorly fitting the machine. Hospitals are required to demonstrate their conformity to the safety standard that is offered by manufacturers. As such, the application of medical devices should align with the manufacturer guidelines. Hospitals should be reliable for harm caused by the improper application of machines. The approach may be perceived as negligence to follow manufacture instruction on the application of the device. In this case, Aran failed to follow manufacture guidelines on the application of the monitor when dealing with the patient. Therefore, the hospital owes Mr. and Mrs. Skye the duty of care for the damage caused to the baby.

Additionally, it is the responsibility of a hospital to ensure that practitioners dealing with a particular device have the required skills. The approach would be used to reduce any harm that could occur due to improper application of devices. As such, Brightelm NHS Trust should be responsible for all the materials used in the hospital. The hospital should provide a training program to ensure all practitioners can effectively use the devices. An improperly trained health practitioner may carelessly cause harm when using devices. When dealing with the human body, it is mandatory for health practitioners to be so careful about the kind of decision they make. In this case, the health centre failed to ensure all health practitioners can effectively use devices. Therefore, it should be reliable for the damage caused by improper application of devices. It is the liability of the hospital to ensure all people operating in the health setting have the required skills and knowledge. As such, the damage that occurred due to poor application of equipment should be entitled to financial compensation. If the device was properly fitted, Aran could have learned that the heart was not working properly. The approach could have assisted in taking the necessary precaution, thus controlling the harm. The heart plays a vital role in ensuring the blood is supplied in all parts of the brain. Therefore, if the heart is not working properly, there are high chances that other issues may arise. As such, Brightelm NHS Trust should be liable for the damage caused, and hence, it owes Mr. and Mrs. Skye the duty of care.

Section B

In 2013 the Parliament of the United Kingdom passed the Defamation Act that was meant to issue the right to freedom of expression and protection to reputation. In this period, social media had dominated society, and hence, there was a need to control how people were expressing their views. Various defences were deployed to assist in protecting people when implementing the freedom of expression. The defencive mechanism is highly bounded on the nature of statements and the extent to which the content impact public concern. As such, the subject of the information dictates the nature of the investigation taken toward the data presented. Additionally, the defencive mechanism in case of defamation is highly bounded on the seriousness and harm it causes to the public. The approach impacts the kind of tone an article produce when demonstrating particular information. Source of information is another critical aspect that influences the defence mechanism deployed in case of deformation.

According to the act, a statement is considered not defamatory unless its publication causes harm to society. The outcome of a publication may be determined by the nature of the harm it imposes on society. This defencive mechanism gives people an opportunity to express their wishes regardless of the conditions. Additionally, all information published should portray the reality of a particular condition. In case the statement is true, it may be used against defamation as it does not cause any form of harm to society. In this case, the defencive is bounded on how the statement corresponds to reality. Reality gives people the freedom to express and report matters based on public interest.

In every statement, it is crucial to provide an honest opinion. According to the act, it is a defence for defamation to illustrate that the statement was made based on honest opinion. The approach illustrates the basis of the idea, and everything published is based on the opinion. The approach helps individuals to be feely communicate and publish a statement based on the interest of the public. Additionally, an honest opinion is evidently illustrated when a person responsible for publication can effectively prove that ideas published represent the interest of the public. In this case, honest opinion is a critical defencive mechanism that influences the publication of a statement as it demonstrates public interest. The approach may be used on a disputing statement to determine its effects on society as it assists in illustrating the truth of the charges. As a way of determining a reasonable understanding of public interest, the law court makes allowance for reporting evaluation. According to Scott LJ in Lyon v Daily Telegraph, an honest comment is perceived as a fundamental base for free speech and writing.

Additionally, a peer-reviewed statement based on scientific understanding may be used as a defencive mechanism toward freedom of expression. Usually, the publication of a statement that has been scientifically approved provides an independent review that allows editors to discuss the concept. The publication of statements based on scientific understandings provides facts toward the need for the public interest.

On action against a website content, the law requires that operators to prove that they are not responsible for the statement. However, the defence may be outweighed if the claimant had given the operator a notice of complaint regarding the content posted on the website. However, the statement of the complaint must illustrate the name and how the statement violates the public interest. Despite the evidence presented, the operators of the website may defend themselves by illustrating that the statement was published by others.

Truth is another crucial defence that revolves around the common law of justification. The law requires that an individual should justify the charges with respect to the public interest. As such, the defendant is required to prove that all facts presented before the law court are true. The approach helps to eliminate any form of a rumour that may be associated with a particular fact. However, a statement may be defeated if the claimant presents evidence to illustrate that the information is false and goes against public interests.

Absolute and qualified privileges are other critical aspects that may be used as a defensive against defamations. The privileges allow individuals to speak without fear of accusation in any circumstances. The approach illustrates the need for freedom of speech. Usually, absolute privileges occur when a statement cannot be lost due to the bad motives of individuals asserting the treat. The approach provides defendants with an absolute defence where the freedom of speech is the core. For instance, in parliament, members use the absolute privileges to enjoy the benefits of freedom of speech. The approach is also deployed when high offices are communicating, especially on the state level. On the other hand, a qualified privilege takes place when there is a need for freedom, thus protecting against any form of risk of litigations. The defence is mostly available, whereby the freedom of speech should be protected. The approach gives people an opportunity to demonstrate the honesty of a particular statement, which acts as defencive for the need to protect the public interest. Timing is another crucial aspect that highly impacts the privileges set in the defencive mechanism. The approach impacts the perishability of the news, thus impacting the urgency of the information, which is a critical aspect of public interest.

Bibliography

Plunkett J. The Duty of Care in Negligence. (Bloomsbury Publishing 2018).

Mitchell C and others, 'Exploring The Potential Duty Of Care In Clinical Genomics Under UK Law' (2017) 17 Medical Law International <https://journals.sagepub.com/doi/pdf/10.1177/0968533217721966> accessed 6 June 2020

Bryden D, and Storey I, 'Duty of Care and Medical Negligence' (2011) 11 Continuing Education in Anaesthesia Critical Care & Pain <https://academic.oup.com/bjaed/article-pdf/11/4/124/742033/mkr016.pdf> accessed 6 June 2020.

Jones M. ‘The Defamation Act 2013: A Free Speech Retrospective.’ (2019). Communications Law 24.3 < https://eprints.mdx.ac.uk/27784/1/Mariette%20Jones%20A%20free%20speech%20retrospective%20on%20the%20UK%20Defamation%20Act%202013_v3.pdf> accessed 6 June 2020.

Jones Hugh and Christopher Benson. Publishing law. (Routledge 2016).

House F. ‘Fr...