In 2012 march 30, the Hawaii court of appeal made a ruling on the outcome of Iturralde vs. Hilo medical center

(FindLaw, 2012) .In this case the plaintiff sued both Ricketson the MD
and Hilo medical center for medical negligence which eventually resulted in some incapacitation
and severe health problems for the plaintiff. The MD intentionally implanted poor shaft inform
of screwdriver into the plaintiff’s spine when the required rods were actually not available
without the consent and knowledge of the patient. This shaft placed in Iturralde back snapped
and shattered within the plaintiff’s back causing unnecessary surgeries and complications. Later
after 2 years due to complications, Iturralde passed away. This case is a proof of negligence and
the doctor was found liable for the plaintiff’s death after implantation of sub-standard screw
driver shaft.
Legal components
The MD, Robert Ricketson was obliged to actually perform a legal duty by working
under professional standards set and based on Iturralde vs. Hilo Medical center case (FindLaw,
2012) . It’s apparent that negligence occurred on duty when the tools used were not approved and
below the set standards. Dr. Ricketson and Hilo medical Center actually failed to determine if
these essential equipment’s were approved for the surgery prior to conducting the process. This
actually a procedure considered a legal obligation for a facility and a physician to conduct
background checks of equipment before a given process is undertaken. There was breach of
consent when Dr. Ricketson made his decision without seeking approval and consent of plaintiff
when he decided to opt for a screwdriver as a substitute for titanium rods which were absent
(Murphy, 2012) . His malpractice and negligence are thought to have been the cause of the
patient’s ultimate death.

MEDICAL LAW AND ETHICS CASE STUDY 3

Malpractice Policies
Based on the actions of Dr. Ricketson, it’s apparent that he disregarded the Hawaii
orthopedics rules and regulations hence accused of negligence. He is also accused of
disregarding the set standards and history of abandonment. Based on his past history of
abandonment, Mr. Ricketson has been dismissed from different healthcare organizations
(Danzon, 2003) . Malpractices policies hence recommended that the healthcare professionals
should have moral and ethical obligation to always interject when they the medical and ethical
standards are not adhered and followed. Surgeons on the other hand are required to adhere to
credential and documentation process in order to demonstrate their capacity and professional
attitude within the healthcare.
However, due to the occurrence, the physician was tasked with the responsibility of
reporting and informing the patient of any process, concerns or issues. The management should
have also come in once they discovered of such incidence and informed the patient of the
situation at hand while reprimanding the doctor for negligence (Murphy, 2012) . Initially when
the titanium rods went missing, the surgery should have been postponed and the family notified
of the new developments. Hilo center actually failed to ensure proper protocols are followed to
the later when they decided to hire Dr. Ricketson even with the history of abandonment and
allowing him to conduct unqualified procedures.
When the doctor or physician decided to undertake or commence care on the patient,
there was actually a legal obligation of utmost care formed between the patient and the
physician. Medical health practioners acquire this responsibility of moral and professional care

MEDICAL LAW AND ETHICS CASE STUDY 4

provided to a patient during such procedures. By fitting the screwdriver into the plaintiff’s spine,
Mr. Ricketson actually breached his moral and professional obligation to deliver specialized care
to the patient. Ricketson abandonment and negligence directly connects the healthcare facilities
and organizations with ineptitude and incompetence when handling various patient’s needs.

MEDICAL LAW AND ETHICS CASE STUDY 5

References

Danzon, P. (2003). Liability of Medical Malpractice. . Handbook of Health Economics.