Explain the criteria that must be met to meet malpractice

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Reference no: EM133631940

A 62-year old female patient with a history of abdominal surgeries including gastric bypass surgery, visited the ED due to abdominal pain and vomiting. Her lungs were clear, but she was admitted for pain and nausea, and IV fluids were given to rehydrate her. After a few days, the patient was diagnosed with constipation.

Two days later the patient continued to experience symptoms and the nurse noted she was "spitting up into an emesis bag" and had "dry heaves". Another physician examined her confirmed the constipation diagnosis and she was breathing normally. This physician scheduled her for transfer the following day to another hospital.

During the night the patient vomited multiple times and expressed abdominal discomfort. She had another emesis during the night with a faint bowel odor, but the RN did not notify a doctor.

After being transferred the next morning a CAT scan revealed a bowel obstruction and evidence of pneumonia. Antibiotics were administered, but her condition deteriorated. The following day she died from "pneumonia as a result of aspiration"

Questions:

1. In general, identify and explain the criteria that must be met to meet malpractice.

2. Evaluate the case above, would this meet the malpractice criteria? Please explain and support your decision.

Reference no: EM133631940

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