No human is impeccable, everyone makes mistakes, we would have come across
many cases where the skilled medical practitioners have been negligent while
identifying injuries, or being careless during the diagnosis of the same. This
article throws a light upon cases where the doctors have been medically
negligent during the emergency situation.
In most cases, negligence is seen as a breach of duty to care.The essential
elements of general negligence are the duty of care, breach of duty, the breach
or a violation that originate injury and damage. A profession in sport is
definitely a fantasy portrayal for many and this is no variant for medical
practitioners who are either engaged by the sports clubs themselves or seize
referrals, on an individual basis.
The risks for practitioners working at first-class levels of sport are very
important, with some professional reimbursement insurers even declining to
indemnify practitioners who work at the first-class levels due to the monetary
ramifications if something goes amiss or a skilled sportsman or anyone in fact
to have a chance of commencing a profitable claim for any personal injury it is
significant for the Claimant to show that there was a violation of a legal duty
to take care which ends in damage.
In every negligence witnessed, it is important that the claimant must be capable
to prove that the defendant owed him a duty of care. Due to the increasing
negligence witnessed on the side of medical practitioners, the law strictly made
it mandatory for every doctor to have a minimum number of qualifications, skills
knowledge. This subsequently led to the hike of consumer rights(protection) and
medical liability of course.
The appearing synergy between sports and medicine has cooked a new need for a
better understanding of how medicine connects to the sporting world. The cases
of medical negligence in sports are as follows:
Kleinknecht v Gettysburg College:
During an off-season practice, a lacrosse player sustained a lethal cardiac
arrest. There was no skilled or an experienced medical staff present to maintain
assistance at the time of this incident. Kleinknecht alleged that the college
should have supplied skilled medical staff. The court held that there was a
dearth of a suitable medical response plan and hence declined to supply
reasonably emergency care to wounded athletes. The court held that it was not a
promoted intercollegiate event but that the feasibility of lethal injury was
very much foreseeable and a duty of care prevailed to use reasonable care to
safeguard athletes from injury.
Mogabgab v Orleans Parish School Board
In this case, an athlete fainted and succumbed to death as a result of
protracted heat stress. 80-minutes had passed after the athlete fainted and died
before the skilled medical practitioners were notified.
From the above cases, it is evident to note the significance of having a
productive emergency plan to avoid medical negligence. The law has to become
more stringent and reasonable so as making the medical professionals alert in
order to avoid negligence.
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