Medical Error and Legal Scholarship essay
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A medical error is an adverse effect that is harmful to a patient. Medical errors are usually preventable in all cases. In many cases, medical errors involve inaccurate diagnosis of a medical condition. There are various medical procedures, such as surgeries that are usually extraordinarily risky in their operation. In common practice, medical errors are usually associated with incompetent medical practitioners and that the impact is never attributed to a center, but the individual. Many errors have also been attributed to poor communication and poor documentation of medical phenomena.
Even with such attributes of medical error, it is believed that human is to error. It is difficult to conclude that medical errors can be prevented altogether. Therefore, error is prevalent in all medical situations (Zhang, Patel, & Johnson, 2008). The most valuable thing to put into consideration is the intensification of care and thus healthcare practitioners are able to prevent the occurrence of error in risky medial operations. The magnitude and the effect of a medical error are what differ in cases of medical error. Therefore, chances of eliminating error are available in places where competence prevails. However, with the emerging conditions that require critical medical equipment, medical error cannot be fully evaded.
The area of legal law has been in various debates in many countries. Popular criticism has been directly linked to local lawyers. The education and training of lawyers is what is referred to as legal scholarship. This means that the lawyers are trained and prepared to represent various people in court. They later become attorneys and many more positions. Legal opinion is, therefore, affected when the scholars take different views on the field (Jacoby & Hoyer, 1982). In the case of Canterbury v. Spence, the judgment leaned more on the negligence of both the medical practitioners and the patient. This could be through the knowledge they had regarded medical consent. Their knowledge through learning makes them make the various comments and judgments they usually make.