Introduction

My place of practice is administration in the healthcare sector. The concept of malpractice is related to
conduct or activities that are not on the standard level of that particular profession or activity. It is a
wrong act that is done by someone who is considered as professional in this field. It can be a layman,
professional or even an expert. The definition of malpractice is an illegal or unethical practice by a
healthcare provider. Nurses are the healthcare providers who are considered as professionals in the
medical field. They are the first responders who give the necessary care to a patient. The rate or
frequency of occurrence may not be high because it is completely normal for any person working in the
medical field to commit an act which he knows was not appropriate. However, there are situations
which can create a malpractice case. The most common activities that result in malpractice is different
depending on the field of practice. Some examples of these activities are giving wrong diagnosis, giving
wrong treatment to a patient, harmful manipulation of a patient or the use of controlled substances.
When it occurs in medicine, it has the most negative impact on the patient and his health. The sources
below explain the role that apology plays in medical malpractices, the biblical considerations and the
lawsuit that is involved when a medical malpractice occurs.

Sources

Bookman, K., & Zane, R. D. (2020). Surviving a medical malpractice lawsuit. Emergency Medicine
Clinics, 38(2), 539-548.

This article is about one of the most important and delicate subjects in medicine, which is medical
malpractice. It talks about what a lawsuit is and how it can be successful in lawsuits if they have of all
the necessary records (injuries, admitting documents, operative notes) to make them win. They also talk
about what damages are and how they help with the damages that can happen when someone has
been injured by a doctor's negligence. Those damages can include pain, suffering, anguish, and suffering
and death (if it is of a great magnitude). All these damages are not only personal damages to the victim
but also emotional pain and suffering. The article describes what a lawsuit is about. This consists of the
plaintiff (one who takes the case) suing a defendant (one who is being sued). The defendants may be
any hospital where the patient was treated and doctors who have done treatments or maybe just have
done other kinds of practices in their health care. The plaintiff is going to be seeking monetary damages
and a new law, which is a little harder to understand because it involves the law and being able to tell
that the court case is likely to be successful. In this article they talk about the winning of a court case
with enough evidence that they are obviously able to win. They also talk about how the defendant will
answer, meaning whether it will accept responsibility or not.

Lyu, H. G., Cooper, M. A., Mayer-Blackwell, B., Jiam, N., Hechenbleikner, E. M., Wick, E. C., ... &
Makary, M. A. (2017). Medical harm: patient perceptions and follow-up actions. Journal of patient
safety, 13(4), 199-201.

In this study, patients were asked whether they were harmed by their medical care. Statements about
harm were categorized into three categories: "definitely," "probably," and "unlikely." Participants
responded definitively to at least one statement in 65% of cases and probably in another 20%. While
definite harms are more likely to be reported than probable harms, 75% of probable harms remained
unreported. Even when patients do not experience harm themselves, they are often aware of other
people who have been harmed by their medical care. 64% of patients in this study witnessed at least one
probable harm performed on another person. Participants were also asked what actions they took after
experiencing or witnessing a possible harm. The majority of patients who experienced either definite or
probable harms said that they did not take any action afterwards. This is likely due to the fact that the
majority of harms were not severe and that there were no clear repercussions for reporting them to
medical professionals. "In my mind, I didn't feel anyone was wrong, but I just didn't know what to do," said
one patient who was experiencing probable harm. "It wasn't black and white." The results of this study
show that patients are very aware of those who have experienced harms and that they are likely aware of
most if not all probable harms, although they chose not to report them. More studies are needed to
research why patients do not report their experiences.

Mason, J. (2021). Confessional approach to disclosure of medical error. Christian bioethics: Non-

The article contends that it is imperative that doctors should take responsibility for their mistakes no
matter what time frame they occur in order to give patients and/or their families confidence in the
medical profession. Previous studies had shown that people are more likely to trust a doctor who shares
his mistakes over time. Self-disclosure is seen to be an effective way of instilling confidence in the
medical profession. The article therefore argues from an ethical and sociological perspective that it is
necessary for doctors to be open about their mistakes in order for patients and/or their families to feel
confident in the practice environment. Confessional approach has been advocated by some moral
philosophers but was not applied until recently in practice.

McMichael, B. J. (2018). The Failure of Sorry: An Empirical Evaluation of Apology Laws, Health Care, and
Medical Malpractice. Lewis & Clark L. Rev., 22, 1199.

This article focuses on the implications of apology laws in light of medical malpractice and the impact
they have on physicians’ attitudes and behavior. These laws can dramatically affect a physician’s conduct
during interactions with patients. Since the advent of apology laws, many more cases have been settled
in favor of physicians and hospitals for less money. While there is a self-defense strategy to enacting
these laws, it does not appear that physicians are truly benefiting from them.

Parker, J. C. (2019, June). Religion, authenticity, and clinical ethics consultation. In HEC Forum (Vol. 31,
No. 2, pp. 103-117). Springer Netherlands.

The author of this article argues that clinical ethics consultations (CECs) should be conducted in an
authentic manner, and that clinical ethics committees are best advised to avoid attempting to impose
their ethical values on respondents when considering the impact of religious affiliation, adherence, or
observance on an individual's moral or clinical treatment decision. In order to better understand the
authenticity of CECs, this article provides examples from previous studies and interviews with clinicians
regarding how they determine what is in the best interests of their patients.

Robertson, J. J., & Long, B. (2018). Suffering in silence: medical error and its impact on health care
providers. The Journal of emergency medicine, 54(4), 402-409.
This study is the first to estimate the prevalence of adverse events that are related to medical errors
among emergency medicine providers and patients. This article discusses how many providers
experience symptoms from mistakes made during their work days. The article will also discuss the impact
these errors have on the providers and the people they treat. This study involved 135 providers from all
levels of emergency medicine education and a total of 576 experiences of adverse events. These data
were compared to national data published by the Centers for Disease Control and Prevention (CDC),
which surveyed 7,031 providers, representing 10,004 experiences of adverse events among emergency
medicine providers.

Rodziewicz, T. L., Houseman, B., & Hipskind, J. E. (2022). Medical error reduction and prevention.
In StatPearls [Internet]. StatPearls Publishing.

This article comprises a summary of "Suffering in silence: medical error and its impact on health care
providers. The impact of medical errors is not limited to patients, but also affects health care providers. In
this study, 1,000 providers were surveyed about their experiences with patient mistakes. Medical errors
were found to have detrimental effects on the experience of both patients and practitioners. The most
common type of patient error involved a misdiagnosis; an unnecessary or delayed diagnosis was the
second most prevalent mistake. Most errors were observed by a provider and directly affected the patient.
The quality of care may be especially compromised by medical errors as providers respond to requests
for care using their own knowledge, skills, and experience. The authors suggest that health systems
should create a culture that encourages open communication between providers and patients. A culture
of openness would lead to a deeper understanding of the effects of mistakes, which in turn would result in
more constructive approaches to the evaluation and management of patient care problems.

Ross, N. E., & Newman, W. J. (2021). The role of apology laws in medical malpractice. J Am Acad
Psychiatry Law, 49(3), 406-414.

According to a study done by Ross and Newman many states have amnesty laws that protect doctors
who apologize for their mistake during a medical malpractice trial from being sued for damages from the
patients they've harmed. New laws are needed to protect doctors who would apologize for the mistakes
that happen in the clinic. If doctors don't apologize for their mistakes, it would protect them from being
sued for damages. In addition, there's a stigma that goes with apologizing and it's a negative thing in
society and not many people like to feel as if they've done something wrong or bad because of making a
mistake. Each state is different and has their own amnesty laws that can protect doctors from being sued
and keep the system intact. Newman and Ross considered the presentation of evidence regarding
apologies that are made by or to patients. The current U.S. legal system considers medical apology as
admission of liability, which could possibly influence the outcome of legal proceedings. This paper
explains how current laws may be influencing the way medical apology is practiced in various states and
suggests ways that these laws might be changed to eliminate detrimental effects on apology and continue
to help patients understand that society values their voice during a trial process, even if they do not
recover financially.

Analysis

After reviewing the above articles related to malpractices in the healthcare sector and more so in my
area of speciality (administration), I have found out that, malpractices are quite diverse. They range
from corruption, medical errors, lack and knowledge on some issues related to healthcare sector. It is an
area of concern that local and global healthcare institutions should focus on to ensure that patients do
not suffer in the quest to get healthcare services. Therefore, after this analysis, my research paper will
be more skewed on the analysis of medical malpractices, acknowledgement and apology, lawsuits in
relation to medical errors and provide several solutions on the topic of discussion.