3-2 Final Project Milestone One: Malpractice Case

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Malpractice Case Name Institutional Affiliation Medical Malpractice One of the famous cases involving medical malpractice is the case of Iturralde V Hilo Medical Center USA. The plaintiff, Iturralde, had complained of weakness in his legs that had led to several falls. He went to Hilo Medical Center USA in January 2001 for examination. On January 24, 2001, Dr. Ricketson examined him and diagnosed him with degenerative spondylolisthesis. The condition necessitated the plaintiff to undergo a spinal fusion surgery that involved implanting of two titanium rods into his spine. The surgery was to take place on January 29, 2001. Since the hospital did not have the rods, it contacted Medtronic to deliver the rods together with the other necessary tools for the surgery. However, when the package arrived, the hospital staff did not check to confirm whether everything was provided as requested even though this was a requirement according to HMC’s policies. When the day of the surgery came, they noticed the missing rods and asked Dr. Ricketson to wait until they were available to continue with the surgery, but he declined. Instead of the required rods, he improvised a shaft from a stainless steel screwdriver and implanted the same into the plaintiff’s spine. No one informed the plaintiff about this and days later the shaft snapped hurting him. This led to other surgeries, and he passed on two years after the incidence. A nurse informed a lawyer about the day’s incidence and the family decided to sew. The court awarded the plaintiff 5.6 Dollars. Four elements make up a medical malpractice case. One of the elements that the plaintiff has to prove to win a case is that

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