Researchers at Johns Hopkins University (Makary & Daniel, 2016) found that at the time of their study, medical errors accounted for the third leading cause of death in the United States. Medication errors are included in this. In Module 2 we explored individual liability. In Module 4 we examine organizational liability.
Makary, M., & Daniel, M. (2016). Medical error—the third leading cause of death in the US. BMJ, 353.
Case Assignment
Capazzola, D. D. (2016). Medication mix-up leaves 51-year-old patient with permanent brain damage after heart surgery. Healthcare Risk Management, 38(1).
Read the article above by Capazzola. After reviewing this and other background readings, and doing independent research, address the following:
What are the details of the case described by Capazzola?
What was the decision of liability made by the court?
While the article does not state the specific legal grounds for decision, why do you think that the hospital was found partially liable? Be sure to specifically discuss forms of organizational liability reviewed in the textbook.
What safeguards could be put in place to reduce the risk of future error, and thus hospital liability?
Sample Solution
The case described by Capazzola involves a 51-year-old patient who underwent heart surgery at a local hospital. After the surgery, she was administered three different medications in error. The first medication was an anticoagulant that caused severe brain damage and resulted in permanent cognitive deficits and physical disabilities. The other two medications were unnecessary for her condition and had no effect on her health.