Medical Negligence - Do I Need A Specialist?

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SERVICIO NACIONAL DE APRENDIZAJE SENA
CENTER FOR HUMAN TALENT TRAINING IN HEALTH
ENGLISH CONVERSATION SERIES
REGIONAL DISTRITO CAPITAL
TOPIC: Health tourism 10 – When the things go wrong.
TIME: 4 hours
COMPETENCE:
Comprender textos en inglés en forma escrita y auditiva.
LEARNING OUTCOMES:

Encontrar vocabulario y expresiones de inglés técnico en anuncios, folletos, páginas web., etc.

Comunicarse en tareas sencillas y habituales que requieren un intercambio simple y directo de información cotidiana y técnica.

Realizar intercambios sociales y prácticos muy breves, con un vocabulario suficiente para hacer una exposición o mantener una conversación
sencilla sobre temas técnicos.
WORDBANK: insurance coverage, denied insurance, medical treatment, negligence, medical wrong,
FIRST STAGE – PRESENTATION
Lead in:
What would you do if you go abroad and your insurance coverage is denied?
What are the possible reasons to be denied an insurance coverage?
Do you think, you can reapply for health insurance if you have been denied before? If your answer is “yes”, what could
you do?
Read the following text about health insurance denial reasons.

The vast majority of Americans get their health insurance through a group plan at work, but if you are self-employed, not
yet eligible for coverage, or your employer doesn't offer health insurance, you may need to seek coverage on your own.
Getting health insurance independently can be an expensive and difficult proposition. You may be denied insurance
coverage if you have a medical condition that is considered a negative risk.
CANCER
Most people who have been diagnosed and are under treatment for various kinds of cancer will be denied health
insurance coverage because of the likelihood of future treatment. Even when the patient is covered, some insurance
companies, when faced with cancer treatment payouts, have reviewed the patient’s application to find errors that allow
them to stop coverage, according to the Health Reform Web site.
SEVERE MENTAL ILLNESS
People with severe mental illness, such as bipolar disorder, major depression, psychopathic personality or schizophrenia,
are often denied coverage because of the long-term treatment costs and the need for hospitalization for these disorders.
AIDS
Americans with AIDS, or even those in professions that include high-risk populations, can have a difficult time finding
health insurance companies that will accept them for coverage. AIDS is a disease that requires ongoing medical
monitoring, expensive medications and sometimes multiple hospitalizations, so insurance companies find covering these
costs detrimental to the company’s bottom line. Even those covered under insurance can find their coverage for new
medications limited, according to the New York Times Web site.
TRANSPLANT HISTORY
Those who have had transplants in the past may find it very difficult to get individual coverage because of the increased
risk of transplant-related complications that can occur. Even those who have coverage may find that coverage is denied
because the procedure is considered “experimental,” and coverage for the expensive immunosuppressant medications
can be denied.
RENAL FAILURE OR DIALYSIS
Patients with renal failure who require dialysis may find it impossible to find private insurance because of the costs of
treatment and the likelihood of transplant costs in the future.
OTHER REASONS FOR DENIAL
a) Almost any condition that may require ongoing medical care can be a reason to be denied coverage or to be required to
pay higher premium rates. Those with insulin-dependent diabetes, cystic fibrosis, multiple sclerosis, heart disease, lupus
and sleep apnea can all be denied coverage. Such conditions as hay fever, acid reflux, cesarean section or even being a
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victim of domestic violence can be a reason to deny coverage, according to the MSNBC Web site.
a. According to the previous Reading make the next crossword puzzle:
3.
1.
2.
4.
1.
The likelihood of transplant costs in the future
2.
Schizophrenia, bipolar disorder, major depression
3.
The procedure is considered “experimental,” and coverage for the expensive immunosuppressant medications
can be denied.
4.
It is a disease that requires ongoing medical monitoring, expensive medications and sometimes multiple
hospitalizations
SECOND STAGE – PRACTICE
Read the following situation.
27 November 2007
On Saturday morning, 24 November 2007, a Palestinian patient from the Gaza Strip died as Israeli Occupation Forces
(IOF) refused to grant her permission to enter Israel to receive medical treatment at Ichilov Hospital in Tel Aviv. The
Palestinian Centre for Human Rights (PCHR) strongly condemns measures taken by IOF violating Palestinians’ right to
health, and denying them access to hospitals outside the Gaza Strip. PCHR also demands IOF to allow Rowaida ‘Omar
Shakshak, who is in a serious health condition, to receive urgent medical treatment outside the Gaza Strip.
According to information available to PCHR, on Saturday morning, 24 November 2007, Muna Fayez ‘Ali Noufal, a mother
of seven children from Nussairat refugee camp in the central Gaza Strip, died as her health condition deteriorated
after IOF had denied her access to medical treatment at an Israeli hospital.
According to the victim’s husband, Wa’el Noufal ‘Ali Noufal, his wife had been suffering from cancer in the colon. She had
received medical treatment at Nasser Institute Hospital in Egypt. She came back to the Gaza Strip from the last round of
medical treatment in Egypt on 9 May 2007, deciding to continue medical treatment, which included three sessions of
chemotherapy, at Shifa Hospital in Gaza City. However, doctors at Shifa Hospital informed her that chemotherapy was
not available at the hospital and decided to transfer her again to Egypt. She had not been able to travel to Egypt due to
the closure of Rafah International Crossing Point since 11 June 2007. On 27 August 2007, she was transferred to Ichilov
Hospital in Israel, where she underwent the first session of chemotherapy. She had stayed at the hospital for two weeks.
She was supposed to travel to the hospital again for the second session of treatment in two weeks, but IOF delayed
issuing permission for her. On 7 October 2007, IOF allowed her to travel to Ichilov Hospital to undergo the second session
of chemotherapy. She had stayed at the hospital for 18 days.
IOF again refused to grant her permission to travel to Israel to undergo the third session of chemotherapy, which was
supposed to take place in the first week of this month. IOF refused four applications for permission to be granted to her
submitted on 4, 12, 18 and 22 November 2007. The Palestinian Ministry of Health used to inform her that IOF had not
responded to her applications for permits. She died on Saturday, 24 November 2007, as her health
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conditions deteriorated.
The woman’s death brings to 11 the number of Gaza patients who died since last August as a result of denying them
medical rights. The victims include three women and an infant.
Furthermore, health conditions of patients in the Gaza Strip have deteriorated due to the lack of appropriate medical
treatment in the Gaza Strip and the denial of their travel abroad to receive medical treatment. According to medical
sources at the Gaza European Hospital in Khan Yunis, Rowaida ‘Omar Shakshak, 54, from Rafah, is in a coma. Her
health condition has deteriorated as she suffers from diabetes, hypertension and atherosclerosis. She is badly in need for
advanced medical treatment outside the Gaza Strip. According to her son, ‘Abdullah ‘Omar Shakshak, 31, the Palestinian
Ministry of Health sent reports about her condition to several Israeli hospitals, but they refused to admit her. He added
that he sent medical reports to Egyptian hospitals, which expressed willingness to treat her. However, she cannot travel to
Egypt due to the continued closure of Rafah International Crossing Point.
PCHR condemns the denial of Noufal’s access to medical treatment, which led to her death, and:
1. Calls upon the High Contracting Parties of the Fourth Geneva Convention to pressure IOF to respect international
humanitarian law, and to cease their policy of collective punishment against the Palestinian civilian population in the
Gaza Strip.
2. Calls upon High Contracting Parties to work to ensure that Palestinian patients have free and timely access to
healthcare facilities outside the Gaza Strip.
3. Calls upon international organizations working in the Occupied Palestinian Territory to act against this policy of
collective punishment practiced against the civilian population of the Gaza Strip, and to act to stop the deterioration of the
humanitarian and health situation by ensuring the safe and timely passage of food and medicines so as to protect the
lives of the civilian population of the Strip.
4. Stresses that depriving Palestinian patients of their right to receive medical treatment outside the Gaza Strip due to
restrictions imposed by IOF on their freedom of movement makes IOF responsible for the lives of dozens of Palestinian
patients who are badly in need for advanced medical treatment, which is not available in the Gaza Strip.
After reading answer the questions:
a) Remember and write what the next initials mean:
(IOF)
(PCHR)
b)
c)
d)
e)
f)
g)
h)
What kind of information do you think is in this reading? Write a possible tittle.
What is the main idea?
What does this text describe?
How many hospitals did Wa’el Noufal ‘Ali Noufal’s wife visit during the treatment? And which ones?
According your opinion say, who was the responsible of the patient’s death? Why?
Have you ever seen or heard about a similar situation, where a medical treatment is denied to somebody?
Explain it in a short paragraph.
In your own words, make a concept map explaining about the four _________ CPDH puts forward at the end of
the case.
CPDH
1.
2.
3.
5.
THIRD STAGE – LANGUAGE PRACTICE
Read the following text.
Medical Negligence - Do I Need A Specialist?
By Jamie Simpson
When a medical procedure or treatment goes wrong, the results can be physically, financially and emotionally destructive.
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Many people will consider whether to sue the medical practitioner or institution that performed the treatment. At this point,
and possibly just when they feel least able to, patients are faced with another decision; how do I select a lawyer?
There is no shortage of legal professionals in the UK: small high street law firms, enormous multinational partnerships,
general claims handlers, and directly instructed barristers are just some of the options available. How to choose between
them all?
Two factors should help you decide - expertise and trust.
If a treatment or procedure has gone wrong in some way, it is possible that the medical practitioner concerned has
performed their job negligently. This means that because of the way in which the treatment was carried out, the patient's
care did not meet the standard generally expected. Medical negligence is just one of many types of negligence, and all
types of negligence are similar. Courts apply certain tests that are common to all of them. Medical negligence, however, is
different in a number of ways.
First, medical practitioners are professionals, and courts apply tougher tests in cases concerning professional negligence.
Second, medical practice is a highly specialized profession. Doctors work within a particular specialist field, acquiring and
applying knowledge honed over decades. These two factors mean that when deciding what kind of lawyer to instruct,
patients should ask themselves; "Does my lawyer have experience in cases of professional negligence, and do they
understand this particular area of medical practice?"
Remember, doctors and other medical practitioners will probably be covered by professional indemnity insurance, and the
institution they work for will be similarly insured, so the amounts that they will be able to spend on lawyers will be
significant. It is also highly likely that their own lawyers will have detailed understanding and experience of their area of
medicine. Such lawyers may even have been doctors themselves once. Patients should ask themselves, "Would a doctor
use this lawyer to defend themselves?" If the answer is yes, it's likely you've found the right lawyer.
Finally, one last thing is vitally important when instructing someone in cases of this type. Trust. When medical treatment
fails to come up to the expected standards it can be an emotionally draining and traumatic experience. Though it's
incredibly useful to have someone on your side with specialist knowledge, it's also vital that you trust that they understand
how the negligence has affected your life.
Look for someone who inspires your trust and who has specialist knowledge, and you will improve your chances of
obtaining a favorable outcome.
a) Based on the text, you must build a brainstorming in the space bellow taking into account the
next example
BRAINSTORM EXAMPLE
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BRAINSTORM AREA
b) Write a short summary with help of your own brainstorm.
c) Share with your classmates how you worked your brainstorm and summary.
FOURTH STAGE – PRODUCTION
Think about the following:





What are the medical conditions to be denied an insurance coverage?
Should you travel abroad for medical treatment?
What happens if something goes wrong?
What guarantee should you expect if you receive a wrong treatment?
What would you do if something goes wrong either when your insurance coverage is denied or you receive a bad
treatment?
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