On the Medical Routine and the Standard of Medical Treatments
The medical malpractice means that the medical personnel overruled the objectively necessary due diligence. However, since medical treatments have specialties, the risks in a considerable degree are allowed, and the standard of medical treatments during the medical praxis should be the criterion to judge whether the due diligence was overruled. Generally speaking, the standard of medical treatments in medical center is stricter than in regional hospital; the latter is stricter than in district hospital, and the general practice clinic stays the last. Furthermore, the standard of medical treatments for the doctor specialist is stricter than the doctor non-specialist. Therefore, the standard of medical treatments in medical center could not be the only one criterion for the judgement.
What’s more, taking the Total Knee Replacement for both sides at the same time could lead more possibility to cause complications and to death, especially for patients, who are more than 80 years old, because of too many blood losing and causing more possibly fat embolism. Before taking this operation, the surgeon should notice the potential risk of it. Moreover, the surgeon should notice the positive correlation between the age of the patient and the possibility of risks. This surgery could not be taken without evaluating carefully. The Surgeon B had stricter due diligence as the result, when he took the Total Knee Replacement at both sides for the 87-year-old patient A.