Write a response to the below discussion post. Mrs. Smith, who claimed to have received a deadly infection due to negligence on the hospital’s part. When she later recovered from the infection, which was discovered to be a staph infection, she ended up with an autoimmune disease which resulted from complications from the staph infection. In determining whether Bright Road hospital was liable for the infection Mrs. Smith contracted, it is necessary to find out if there was a duty of care established between Mrs. Smith and Bright Road hospital before determining if that duty of care was breached or not. Based on the interviews conducted, it was discovered that Dr. George Paltrow, the chief of surgery, and his residents did not change their gloves while conducting post-surgical examinations on the patients. Mrs. Smith was admitted to the hospital for a surgical and post-surgical procedure therefore, a duty of care was established between her and the hospital. That duty of care between Mrs. Smith and the hospital was breached when she contracted a staph infection. The patient’s protracted and traumatic experience, in addition to getting a staph infection, is evidence that the duty of care was not upheld. Additionally, the nurses and personnel did not react quickly enough, which resulted in additional significant consequences. Therefore, Mrs. Smith’s infection or injury was caused by the negligent actions of Dr. Paltrow and the members of the staff. A medical professional or healthcare provider commits medical negligence, according to Adejumo & Adejumo (2020), when they do something or fail to do something that causes the patient to suffer injury or pass away. In the case of Mrs. Smith, it can be considered negligence since the employees of the hospital, or the healthcare practitioners did not follow the right procedures thereby causing the patient to contract the infection. Dr. Paltrow was negligent in conducting the post-surgical examination on Mrs. Smith and this was witnessed by the post-surgical nurse, Jennifer Brainard, who confirmed he did not change his gloves in between examinations and neither did he wash his hands in between examination of patients. Dr. Holly Brigham, the pulmonologist, confirmed with certainty that the staph infection entered the patient’s bloodstream as a result of the gloves used by Dr. Paltrow in her examination being contaminated.
According to Miletić & Zdravković (2019), It is very important to provide lawful, efficient, correct, professional, and timely medical aid as well as other healthcare-related activities and medical assistance or care in the area of protecting and enhancing human health. This serves an important social purpose and protects the constitutionally guaranteed right to the unalienable preservation of one’s own physical and mental integrity (human health). However, it’s possible that the individual whose health is being affected by the doctor’s or other medical activity is getting worse as a result of it (Miletić & Zdravković, 2019). Philippians 2:4 says, “Let each of you look not only to his own interests, but also to the interests of others” (English Standard Version, 2001). This verse talks about considering others interests when doing things and not only thinking about ourselves. In this case, Dr. Paltrow should have considered the ramifications of using the same pair of gloves to examine all the patients and the health hazards that could result from him not taking the necessary precautions. Watane et al. (2021) stated that a party is liable for the actions of their agents under the respondeat superior doctrine, which means “let the master answer” and by using this theory in malpractice cases, hospitals, or doctors in charge of other doctors could be held accountable for the malpractice of those doctors. Therefore, in Mrs. Smith’s case, Bright Road hospital will be held liable for the infection she contracted due to the negligence of the hospital’s employees because the hospital is supposed to enforce policies or procedures on their employees and supervise them as well. I would suggest the hospital to file an indemnification against Dr. Paltrow since his negligence caused the patient to contract the staph infection. Also, the hospital will have to file an indemnification against the nurses on duty during the incident since they delayed in contacting Dr. Brigham and the Infectious disease specialist thereby leading to more serious complications. According to the second interview conducted with Dr. Paltrow, he made it known that the hospital never had boxes of gloves in the patient rooms as well as biohazard bins for the used gloves to be dumped in until after the incident occurred. Therefore, due to Respondeat Superior, Bright Road hospital will be held liable for the negligence of its employees.
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