Blackman 1

Annotated Bibliography

The Prevalence of Medical Malpractice and its Effect on Modern Healthcare

Jacob Blackman
Professor Malcolm Campbell
English 1103
October 17, 2016

Blackman 2

Annotated Bibliography
Rodriguez, Maria A., Courtney D. Storm, and Howard A. Burris. Medical Errors: Physician and
Institutional Responsibilities. Journal of Oncology Practice, vol. 5, no. 1, 2009, pp. 2426. PubMed Central. Web. 10 October 2016.
This source is an academic article published by PubMed Central, which is a free full-text
archive of biomedical and life sciences journal literature at the U.S. National Institutes of
Health's National Library of Medicine. The article begins with a brief story about a man
who was injured unintentionally as a result of an error made by a physician while treating

Commented [1]: located in

Commented [2]: or "archived"

Commented [3]: I'm interested in the injury (maybe

mention it really quickly?)

the man in the hospitals emergency care unit. After discovering that an error occurred
during treatment, the article proceeds to discuss ways in which the physician should
address the issue, and the responsibilities of the institution in the scenario. Based on the

Commented [4]: Maybe consider removing this phrase

- itll help to bring the point that you're trying to make in
the sentence across more clearly

article, doctors should disclose adverse events to patients and family members swiftly
whenever they occur. In addition, these practitioners should report incidents to

Commented [5]: Why?

institutional authorities. By reporting adverse events in a swift manner, hospitals can then
take immediate steps to ensure that the patient does not have to pay for further treatment
that would be needed as a result of an injury. As for the responsibilities of the institutions,

Commented [6]: maybe rephrase to "unnecessary

treatment"

hospitals should actively seek to investigate the cause of errors if and when they occur. In

Commented [7]: hospital inflicted injury

addition, hospitals are ethically obligated to disclose errors to patients and apologize

Commented [8]: wordy (not needed)

where appropriate. In addition to these action plans, the article also suggests ways for
institutions to foster a culture of error prevention. Intriguingly, many institutions are
actually taking lessons from the aviation industry. Since both fields involve highly skilled

Commented [9]: consider removing

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professionals working with difficult technological systems, both fields have high risks of

Commented [10]: this is a little repetitive - change the

wording

the occurrence of errors between technology and the users. In essence, the article lists a
few of the aviation-inspired techniques that hospitals are using, including: postoperative

Commented [11]: consider removing - since you're

using a comma, this isn't necessary

briefing, simulator training, checklists, yearly competency reviews, and incident

reporting. The article concludes by expressing how the adoption of these methods leads
to fewer postsurgical infections and quicker patient recovery. Since this article is

Commented [12]: Very repetitive (Find ways to just

directly say what you are saying) We get that it is form
the article

published on the National Institutes of Healths website, I trust its validity. In addition,
two of the authors are doctors of medicine, while the third has a masters degree in

Commented [13]: Name them specifically

business engineering. The information presented throughout the article is mostly

Commented [14]: does this third author have any

background in medicine/healthcare? if not, maybe
explain briefly how his masters in business engineering
proves his credibility for an article of this nature

objective, although the authors seem to encourage physicians to apologize if an error

occurs, which some may argue is not always a wise decision. From a doctors perspective

Commented [15]: State that it is objective, rephrase

this with a "but" or "however" rather than although

this is always challenging, as an apology may be used against him or her in court if a

Commented [16]: " but the authors show a bit of their

opinion by..."

lawsuit is filed. Overall, the content within this article is reliable. In fact, there are
numerous references at the end of the article that support the evidence presented. Within

Commented [17]: Condense this into one sentece with

a "because"

the article, there are links to bring the reader directly to the source of the information in
case one questions the validity of the statements. This article is meant for healthcare
practitioners as well as institutional administrators. The articles purpose is to address
ways in which hospitals and their employees can actively seek ways to prevent the
occurrence of errors that result in malpractice. The article was published in January of
2009, thus ensuring that the information is less than a decade old. The methods by the
authors have helped hospitals begin to curb their high rates of postsurgical infections and
have sped up patient recoveries. The information presented throughout this article works
well with the rest of my research. As I plan to address that errors occurring during

Commented [18]: Transitions bruh

Commented [19]: Maybe you can find a more recent
source as well to see fi there have been any major
changes in the past decade?
Commented [20]: remove
Commented [21]: speed up
Commented [22]: How and why?

Blackman 4

treatment in hospitals still pose a significant problem to our healthcare system, this article

Commented [23]: Too wordy bro

evidences that nearly ninety percent of deaths that occur within hospitals are the result of
failed systems and procedures. While providing evidence to back up my claims that the
issue is certainly prevalent, the article also provides specific ways for hospitals to buck
the trend. Most importantly, by creating a culture that actively seeks to minimize errors,

Commented [24]: Totally not the tone you should

the safety and well-being of patients becomes better protected. I also found it very
interesting that healthcare institutions are mirroring the aviation industry. This could add
a unique element to my paper and intrigue the reader. Thus, I certainly plan to include
this source in my composition and will explore a few of the citations listed at its
conclusion as I continue to learn more about the things being done to address malpractice
in modern healthcare.
----- Hey, man the first thing that jumped out to me was that you either had no transitions
or a super duper ultimate 5000 transition that was atleast 2 lines long. Find a happy
medium to make it flow better. Obviously this source offers a lot of content that you need
in your essay. Maybe clarify in the last part what parts of this article will you use and
how you can use/incorporate them into specific parts of your essay, which, ultimately,
will help you clarify your own thoughts.-----Josh
--- I think that this source has a lot of information that you can use in your final paper.
You mentioned that the article addresses the aviation industry - I think that comparing
their procedures to that of healthcare institutions would be a great addition to your topic,
but if you do choose to use that information, just try to briefly mention it; you dont want

Commented [25]: Be careful about including

information about aviation - it may lead you to stray
from your main topic
Commented [26]: Choppy sentence, maybe conjoin it
to create a better flow
Commented [27]: How and to what aspect of your
paper will this contribute to

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to go off on a tangent about aviation when your main focus should remain healthcare. Janessa
Sanders, Cindy. Malpractice: Primary & Secondary Prevention. Nashville Medical News. 16
Sept. 2016. Business. NewsBank. Web. 10 October 2016
This newspaper article was published online in the Nashville Medical News on September
16, 2016. The article begins by informing the reader that medicine is anything but
predictable. While human error is inevitable, the articles purpose is to show physicians a
few ways they can reduce the likelihood of committing malpractice. In other words,

Commented [28]: consider removing

while complete prevention of malpractice is impossible, through the introduction of the

Commented [29]: You said the same thing twice,

bruhhhhhhhhhhhhhhhhh

methods discussed in this article, physicians may begin to curb the possibility of

Commented [30]: consider removing

unintentionally harming their patients. As mentioned, the preventative measures can be

Commented [31]: remove because they obviously are

exploring those topics
Commented [32]: Remove

simplified to four main topics communication, documentation, management of systems

and processes, and medication management. The article explores these four areas and
shows how breakdowns in any or all of them lead to a higher likelihood of the occurrence
of malpractice. For example, paraphrasing a statement by Shelly Weatherly, the vice
president of Risk Education and Evaluation Services for Tennessees State Volunteer
Mutual Insurance Company, based on decades of research, nearly eighty percent of
malpractice claims arise from breakdowns in communication. In addition to becoming
more transparent with their communication, doctors are also advised to maintain welldocumented medical records of all of their patients. In addition, physicians should update
the medication history of their patients at each visit, and discuss risks, side effects, and
alternatives to prescribed medications. This is crucial as errors with medication often

Commented [33]: Dont need, just say that Dr.

Swagalicious states in the article blah blah blah is
better than blah because blah blah is blah blahing blah
blah
Commented [34]: consider removing
Commented [35]: this introduction is pretty long - try to
shorten her position
Commented [36]: The key to transitions is not
focusing on the transition phrases, but linking the topics
of the sentences as a whole. Work to link to topics of
the sentences and naturally, the phrases will come
Commented [37]: Ask yourself "How does the
previous statement relate to this statement?" Is it a
cause and effect? is it talking about something
different? if so, might not want to talk about it then and
there. Is it a counter? etc. Ask yourself about the
relation.
Commented [38]: Repetitive
Commented [39]: remove
Commented [40]: For example, the relation between
this sentence and the prior is that this sentence covers
the more specific part of a "well-documented record"
THEREFORE. explore the option of making it flow by
using a ":" instead of making a new sentece.

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produce a significant percentage of medical liability claims. The article concluded by

advising physicians to review the systems and processes of their facilities. In other words,

Commented [41]: consider removing

usually poor outcomes are not a result of a physicians lack of clinical skills, but rather
the result of a breakdown in office processes. This newspaper article was clearly written

Commented [42]: vague and seems to not be the right

word

for physicians who may be seeking out ways to prevent the occurrence of being sued for
malpractice. Interestingly, this source gels with one of the academic articles I am using

Commented [43]: which one?

for this project. While the other article discusses the effects of malpractice on physicians,
this article explores some ways in which doctors can begin to curb the possibilities of
harming their patients. The author of the article is Cindy Sanders, who is the co-publisher

Commented [44]: remove

and managing editor of the Nashville Medical News. While she, herself, does not possess
significant credibility on the issue of malpractice, the article is still credible as she
interviewed Ms. Shelly Weatherly, JD, who has a firm understanding of malpractice and
the risks many physicians face. As mentioned previously, this article was published
recently on September 16, 2016. This helps ensure that my paper will contain current
information that many physicians are beginning to implement into their daily practices.

Commented [45]: Lengthy, Ask yourself how this

sentence relates to the sentences around it. Maybe you
just have to stick in the word "current" in front of
"article" somewhere

Although there is certainly an adequate amount of content covered in the article, the
editorial process is not as rigorous as others that I have found specifically with my

Commented [46]: Is this important enough to include?

academic journal articles. As mentioned, the intended audience is certainly practicing

Commented [47]: repetitive (There's a point at which

transition statements detransition)

physicians. The information presented throughout is aimed to help each doctor look for
ways to reduce the likelihood of harming his or her patients. The information is presented
in an objective manner, especially as the author mentioned how physicians can express
empathy without admitting or being guilty of malpractice. I would not classify this as my
strongest source for this paper, yet the preventative measures introduced throughout the

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article will be beneficial to add to the end of my paper. With this being said, my goal is to
address some of the ways that hospitals are trying to minimize the occurrence of

Commented [48]: Just thought of that

Commented [49]: consider removing

malpractice towards the end of my paper. By including the four main suggestions
expounded upon in this article, this source will be helpful in showing that there is hope
for both doctors and patients through these new preventative methods.
-----I find that this source is a strong source to end your paper with. Just make sure you
do not repeat the ideas too many times. It is a summary, not a mnemonic assignment.
How can the solutions to the problem provide insight to the problem? Explore that
question and it can strengthen your knowledge of the causes.-----Josh
--- Your description of this source is strong and helped me understand why you would
want to use it to back up your paper. I noticed that you used phrases like as
mentioned and in other words a lot in this section; personally, I would suggest
removing several of these phrases to make your point clearer and make your
sentences flow better. Also I think using a recent source like this newspaper
article gives you a good understanding of up-to-date healthcare practices. Janessa
Schroeder, Amanda, and David H. Sohn. Medical Malpractice: Myth Vs. Fact. American
Academy of Orthopaedic Surgeons Now, vol. 9, no. 12, 2015, pp. 30-31. Academic
Search Complete. Web. 10 October 2016.
This peer-reviewed, academic article was published in the official member news
magazine of the American Academy of Orthopaedic Surgeons. The purpose of the article

Commented [50]: Spacing

Commented [51]: pick peer-reviewed or academic

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involved seeking out the facts behind medical liability lawsuits specifically those

Commented [52]: what type of facts are we lookin for,

boss?

involving orthopaedic surgeons. Composed from the viewpoint of a healthcare physician,

Commented [53]: maybe say "details" about blah blah

in the lawsuits

the article contrasts incorrect notions about malpractice lawsuits with the facts. The
article begins by explicitly stating the negative impact that malpractice poses to the
delivery of healthcare in America. More specifically, the article focuses on orthopaedic
surgeons rising fearfulness of being sued, and how this adversely affects their
performance. The article suggests that this fear causes physicians to stay away from
high-risk patients, or those who are more likely to become injured after an operation. In

Commented [54]: does this need to be in quotes?

addition, this rising fear may result in doctors practicing defensive medicine, which
involves ordering unnecessary tests for their patients simply to lessen the amount of
liability in the event that something adverse occurs to the patient. Interestingly, the article

Commented [55]: In your inquiry paper you could

expand on this by talking about additional unnecessary
payments that patients would have to make as a result

concludes by discussing the ways in which an orthopaedic surgeon may minimize their
chances of facing lawsuits by their patients. The physician-patient relationship was
deemed significant. In fact, physicians are actually being advised to initiate transparent
communication with their patients after an unfavorable event occurs, as this reduces their
likelihood of facing a lawsuit in the future. While this article is clearly written for other
orthopaedic surgeons to become better informed about malpractice and what to do if
faced with lawsuits, the authors succeeded in presenting the information in an objective
manner. Along with their objectivity, both Amanda Schroeder and David H. Sohn have

Commented [56]: How?

doctoral degrees in medicine. The article was also reviewed significantly, as the
American Acadmey of Orthopaedic Surgeons has a convincing editorial board. Further,
the magazine in which the article was published reports a combination of recent clinical
news and information from the organization. The article was also published in December

Commented [57]: wut?

Commented [58]: "experienced"
Commented [59]: maybe restate the name of the
magazine

Blackman 9

of 2015, which is relatively recent. If the source had been produced even more recently, it

Commented [60]: Ask yourself the transition relation

statement

may have included new revelations on ways to prevent rates of malpractice. The quality

Commented [61]: Good way of acknowledging what

this article may lack - may this can influence further
research?

of the article is also evidenced by the proper inclusion of facts and the lack of personal
opinion by the authors. In other words, the information included within the article was

Commented [62]: consider removing

well-researched and supported by adequate evidence. For example, the article references

Commented [63]: Take this out altogether

a study conducted by the Physician Insurers Association of America and discusses which
cases are the most high-risk for surgeons to conduct. After reading this article I have

Commented [64]: If you use for example and are

referencing a study... you have to explain it

deemed it useful for my research. While I will not spend a great deal of time discussing

Commented [65]: cool action... why did you deem

it....chance to transition into the important mambo
jambo into how you can incorporate it into your essay!!

the legal implications of malpractice on physicians, this article provided me with a better
understanding of the effects of malpractice on orthopaedic surgeons. Prior to reading this
article, I was not aware of the amount of fear present in many of the doctors minds. This
fear from unintentionally harming their patients during operations - could negatively
impact their performance as stress levels rise, thus perpetuating the issue of malpractice.
Therefore, since I plan to describe the impact of malpractice on both patients and
healthcare professionals, the information from this article will appear in my paper. Its
inclusion will provide evidence that malpractice has adverse effects on physicians too.
-----Nice source, seems kinda similar to the previous one. Maybe talk about how they are
different or why you chose to sources that go over the same thing. Maybe they are not the
same thing and I just skipped something. But use the comparison of the sources to your
advantage by saying the the difference and similarities can confirm each other or counter
each other etc. -----Josh

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--- You mentioned that this source may lack coverage on new revelations because of the
date of publication; maybe you could compare the information in here to your previous
source - the newspaper article - to expand your scope of knowledge. - Janessa
Sharpe, Charles C. Nursing Malpractice: Liability and Risk Management. Auburn House, 1999.
This book was published in 1999 and introduces some of the basic concepts of

Commented [66]: 17 years old (talk about how it still is

effective today or how it is outdated etc.)

malpractice, liability, and risk management in the healthcare system. Specifically, the
book was written for nursing students and professional nurses. However, its content can
actually be useful to other health care physicians who may be dealing with issues of
malpractice in their own practice. The most pertinent information on malpractice within

Commented [67]: this is repetitive - consider

rewording

the book is found in the second chapter. This chapter begins by explicitly defining

Commented [68]: Good way to focus narrow down the

book to a single topic to focus your research on

malpractice as negligence on the part of a professional only while he or she is acting in

the course of professional duties. (in-citation) Interestingly, the author emphasizes that a

Commented [69]: in text citation

professional can include a nurse, physician, clergyman, and educator among others.

Commented [70]: how is this interesting (seems off

toipic)

This is important to note as it confirms that this material is not solely useful for nurses,
but instead applicable to multiple people in various professions. The chapter also

Commented [71]: off topic

provides a better explanation of negligence. The contrast between these two terms is that
anyone can be liable for negligence, while only a professional can be liable for both
negligence and malpractice. Sharpe then expresses three main elements of malpractice:

Commented [72]: What is the importance of this

contrast

foreseeability, breach of duty, and injury. With foreseeability, the general rule is that if
consequences were not initially foreseeable, there is no liability. This should reduce some
of the anxiety of physicians as unintended consequences do occur occasionally while
performing operations. As for the breach of duty, physicians commit malpractice if they

Commented [73]: this sounds awkward - try to reword

this phrase

Blackman 11

fail to fulfill their responsibilities appropriately. Lastly, as it would seem, injury is the
key element in malpractice. Sharpe is careful to explain, however, that the mere fact of an
injury does not necessarily mean a doctor committed malpractice. Rather, liability arises
when the injury is the result of a physicians failure in the standards of care. While the

Commented [74]: and what is the difference

second chapter of the book focuses solely on malpractice, the rest of the material covers
others liabilities and provides strategies for dealing with issues, like malpractice, which
could be useful for all healthcare practitioners. Sharpes purpose in writing the book is
found in his preface. He hopes to dispel many of the unwarranted fears and uncertainties
prevalent in the nursing profession (citation) while also reducing the likelihood of nurses

Commented [75]: cite

and physicians committing malpractice in the future. In order to ensure the validity of
the information provided in the book, one must research the credentials of Charles C.
Sharpe. Sharpe is a retired pediatric clinical nurse specialist. In addition to his many years

Commented [76]: this sentence isn't necessary consider removing

of experience in clinical nursing practice, he has been a faculty member of the

departments of nursing and paralegal studies in several colleges in southeastern
Pennsylvania. Sharpe poses the information in the book objectively, and it can be read
similarly to how one might read a manual. He stays away from using emotion-arousing

Commented [77]: awkward wording (might want to say

that this objective book is similar to a manual).

words when discussing certain liabilities which reduces subjectivity. The book is

Commented [78]: to reduce

considered an academic source, and is clearly written to healthcare physicians. Published

in 1999, the book may not necessarily possess the most recent information pertaining to

Commented [79]: is anything outdated? methods?

malpractices?

malpractice, although the information does connect with most of the other sources I have

Commented [80]: Tis book is old! Maybe you can use

this book to compare past malpractices with current
ones!

found throughout my research. Lastly, the chapters within the book are structured
logically with certain key points that make finding information simpler for the reader.
Initially, I found this book through the librarys website and worried that it would simply

Commented [81]: which ones? maybe list one or two

and briefly state how they relate
Commented [82]: is this necessary?

Blackman 12

describe the legal battles that ensue as a result of malpractice. Although a portion of the
book does cover this topic, the inclusion of the chapter where malpractice is defined and
further explained was very useful. The material will bolster my paper as I now have a
concrete definition of malpractice. With this definition, I can begin to discern when
malpractice is actually committed as a result of errors made by physicians. For example, I
intend to mention how human error is inevitable in my paper. However, as this source
suggests, an error that results from negligence, or the lack of appropriate action taken by
the doctor is considered malpractice.
----This source is obviously very different from all of the other sources because it is
older. Capitalize on the year it was published. Maybe you can search a more recent
definition and explore how the definition has changed overtime! or how methods have
changed!----Josh
--- This is a great objective source - the fact that the projected audience for this book are
professionals and that the book is written as a manual guarantees that there will be
a lot of credible information for you to use. Maybe you could continue research
by considering any objections that other professionals may have to the
suggestions presented in this book. - Janessa
----Great content (I would in the future look for some different viewpoints because these
are pretty similar) Also definitely recommend reading this aloud. Work on transitions and
dont be repetitive. Ask yourself what is the point in the span of every five sentences and
make that point concise! and straightforward without curvy language (josh term for
extravagant transitions tacked lengthy phrases that start with which). Great Job bruh.

Blackman 13

(Also recommend checking format and citations one more time. I did not pay too much
attention to those). ---Josh