Legal Considerations of Mr. Duncan’s Ebola Case

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Introduction

Texas was the first state in the United States to report a case of Ebola. Thomas Eric Duncan, the patient in this case showed up at Texas Presbyterian Hospital emergency room on September 26th 2014 complaining of high fever, severe pain and general weakness. Despite the fact that these signs required a stay in, Mr. Duncan was sent home with antibiotics. Due to the critical nature of his condition, he died three days later. Even though Mr. Duncan mentioned the fact that he had just arrived from Liberia no course of action was taken. Mr. Duncan needed attention, yet the medical staff did not attend to him.

The Malpractice

Mr. Duncan’s case is a classic representation of malpractice. Any failure by the doctors or health professionals to diagnose a disease or to delay in diagnosing a disease is a common base for medical malpractice (Stubenrauch, 2007). The medical practitioners in this case failed to act on indications of a critical health problem that Mr. Duncan was facing. In addition, appropriate tests were not conducted in accordance with standard medical procedures to ascertain Mr. Duncan’s condition (Croke, 2003).

Ethical issues of Ebola

First, the medical practitioner should establish the nature of the signs. Get the facts regarding the travel patterns of the patient. This information will help to identify any whether the patient has interacted with an infected person.

Upon verifying the presence of Ebola, it is important to send the patient to specialized rooms for Ebola patients. This will give the staff adequate time to monitor the situation. In addition, the patient will be treated in isolation.

Let the senior medical professionals within the hospital know about the situation in advance.

It is important to find out if the patient has been in contact with other people. This will help the hospital to notify the concerned people about the need for a medical checkup.

Disciplinary Actions

Cases of malpractice lead to legal court suits (Croke, 2003). There are several legal suits in progress due to malpractice. If the professional is found guilty, some are barred from practicing. While others are jailed, depending on the nature of harm inflicted on the patient. These suits are harmful to the hospital and the entire medical profession since they generate public distrust.

Conclusion

It is important to create a clear framework on how to handle Ebola cases. Such an approach will ensure that patients who report symptoms similar to Ebola obtain appropriate medical attention. This will reduce cases of malpractice in the medical institutions.

References

Croke, E. M. (2003). Nurses, Negligence, and Malpractice. American Journal of Nursing ,103 (9), 54-62.

Stubenrauch, J. M. (2007). Malpractice vs. Negligence. American Journal of Nursing ,107 (7), 63-68.

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