Legal Memorandum

            The case in this scenario involves medical malpractice for our new client. Based on the Hippocratic Oath that medical graduates take upon completion of medical schools, it is a prime responsibility of a medical professional not to harm others knowingly. In that regard, since the earliest manifestations of their profession, they were bound not to cause harm as an ethical duty. Therefore, the base questions on these factual references do not have variables and dimensions of arguments.

            However, in medical malpractice, the complexity of the interplay here questions ethical obligations, which can be diverse. This is because, in the malpractice, there are different parties involved. They include private insurance companies, medicine companies, and other health service providers (Sohn & Bal, 2012). According to the decision of cogent terminology and logic, the standards of care set by the Supreme Court are only used in pursuit of negligence cases rather than a reference for care practice.

            When the healthcare worker commits medical malpractice, the issue will be investigated whether it was out of informed consent or not. It is not clear whether the client committed negligence out of the will or unknowingly. In that regard, the associated risks of the disclosure will lie upon the pursuit of winning the case. Additionally, the evidence collected about the patient that was injured or regarding the malpractice claim will determine the willingness to pursue this case. All the health records that regard the malpractice will be reviewed to note any consent form signed between the hospital and the patient (Krauss et al., 2020). If the form says that the patient agreed to the tests and processes that took place despite the outcomes, the case can be won. Nevertheless, it might not be helpful to represent the client when there is any evidence of malpractice knowingly and without the consent of the patient.

            According to the constitution, physicians are permitted not to disclose particular risks and complications in consent agreements when they understand it may affect their patients mentally and emotionally (Liu & Hyman, 2020). Therefore, in this case, these are the best points to enable us to represent the client and ensure justice is served. If the physician failed to obtain a full written consent document from the patient before receiving care, this would not be a ground for malpractice (Charles, 2001). In that regard, there are different dimensions to suffocate the case, depending on the context of the malpractice and the evidence held by the patient or the patient’s family. However, concisely putting these arguments forward would allow us to have a grasp on the client’s position and what he feels in this case.

            Furthermore, malpractice can be attributed to human error and medical mistakes. However, when evaluating this possibility concerning ethics, reckless errors are not unethical, especially when disastrous. When the patient was harmed directly due to human error, then this qualifies as an ethical bridge. However, if the healthcare professional committed an error, then disclosed it before the final health outcomes, the patient cannot hold him to account (Sloan et al.,1991). Therefore, the determination of the harm caused due to errors, and its ethics will rely on the disclosure. When the disclosure is risky, it might be a challenge for the healthcare professional to do so due to fear of the unknown.

My preference

            My preference would be to invite the client and reason through the above possibilities and clearly understand his position. Therefore, the facts gathered and the possibility of winning seen will determine whether we are taking the case.

References

Sohn, D. H., & Bal, B. S. (2012). Medical malpractice reform: the role of alternative dispute resolution. Clinical Orthopaedics and Related Research®, 470(5), 1370-1378.

Charles, S. C. (2001). Coping with a medical malpractice suit. Western Journal of Medicine, 174(1), 55.

Sloan, F. A., Bovbjerg, R. R., Bovbjerg, R. A., & Githens, P. B. (1991). Insuring medical malpractice. Oxford University Press on Demand.

Liu, J., & Hyman, D. A. (2020). The Impact of Medical Malpractice Reforms. Annual Review of Law and Social Science, 16.

Krauss, E. M., Shankar, V., Patterson, J. M. M., & Mackinnon, S. E. (2020). Medical Malpractice in Nerve Injury of the Upper Extremity. HAND, 1558944720906500.