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Negligence Paper

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UNIVERSITY OF PHOENIX

Negligence Paper

Amputation Mishap

Varana Stampley

8/20/2012

The courts have had difficulty defining the difference between ordinarily and gross negligence: but differences are recognized. `Negligence is the failure or alleged failure on the part of a physician or other healthcare provider to perform a procedure or act in a similar situation as a prudent person would, or would not do in that situation., such as exercised by other reputable physicians treating similar clients in performing a legally recognize duty resulting in foreseeable harm, injury or loss to another. The difference between the two is the measure of the standard of care. Gross negligence is when the reckless provision of healthcare is clearly below the standards of accepted medical practice, either without care for the potential consequences or willful disregard for the rights and or well being of those for whom the duty is being performed. Malpractice refer to negligence or misconduct and is the breech by a member of a profession of a standard of care,. The failure to me standard of care or standard of conduct that is recognized by a profession reaches the level of malpractice, when a patient is injure or damaged because of error. After the 1970’s the number of malpractice suits filed against professionals greatly increase. Most malpractice suits involve doctors, especially surgeons, and other specialist who perform medical procedures with a high degree of risk to their patient. Malpractice is a type of negligence. Malpractice may be, generally, defined as a gross departure from an accepted standard of practice. In other words, the courts should look at the performance of the defendant physician compared to what a reasonably prudent professional would do in a similar circumstance (Journal of Medical Marketing, 2007, p.2) In the case of Mr....

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