“Medical malpractice claims and lawsuits deal with Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law. Since the 1970s, medical malpractice has been a controversial social issue. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence and of policing the medical profession. A person who alleges negligent medical malpractice must …show more content…
The emergency room physician, David C. Lee, M.D., ordered medication, a series of diagnostic tests, and blood cultures, and he admitted Mrs. Adae to the hospital for further observation and testing, in order to rule out myocardial infarction and ACS. Dr. Lee listed "infectious etiology" in his differential diagnoses. Jennifer Bain, M.D., came on duty as an attending physician during the morning of June 29, 2006. Dr. Bain, an employee of UC, recorded her suspicion that Mrs. Adae 's chest pain was musculoskeletal. Dr. Bain noted that Mrs. Adae 's EKG, cardiac enzymes, and blood tests, with the exception of her elevated blood sugar, were normal. She ordered a CT scan of Mrs. Adae 's chest to rule out the possibility of an aneurism, a CT scan of her abdomen to evaluate her liver, additional lab work, and thyroid testing, possibly to be performed on an outpatient basis. Mrs. Adae 's DischargeSummary, signed by Dr. Pesante, states, in part, "it just seems like [Mrs. Adae 's] problem may have moreso been either some kind of infectious process or possibly a thyroid abnormality." Also on July 1, three days after her discharge from CMH, the CMH laboratory reported to the resident on duty that Mrs. Adae 's blood cultures were showing "gram positive cocci in clusters." The following day, the laboratory reported to Dr. Pesante that Mrs. Adae 's blood cultures were positive for staphylococcus aureus, a type of bacterial infection. Neither the resident on duty on July 1 nor Dr. Pesante contacted Dr. Bain or the attending physician on-call about Mrs. Adae 's blood culture results. The trial court found it unclear whether any CMH employee attempted to contact appellees or Dr. Avera. Dr. Avera testified, however, that, had she learned of the positive blood culture results, she would have immediately admitted Mrs. Adae to the hospital and would have "empiricallystarted her on antibiotics and then attempted to find the source of the
Galynker also never explained why an algorithm could have provided a different result or what questions could have been generated to alter a medical decision. With this, the court deemed Galynker’s affirmation conclusive and lacked sufficient detail. Galynker also stated that Koch did not examine the case with Duplan and did not consider the drug use of the decedent, but this information was later omitted due to Galynker’s lack of expertise in emergency
On 9/25/2015 SO EMT Perez was dispatched to VP-113 regaurding a fall. S/O EMT Perez knocked and announced his presence at the door and was greeted by the residents spouse and introduced to the fallen female resident a, Mrs. Dorothy Gish who was sitting upright on the living room floor by her rollater. Mrs. Dorothy Gish stated that she was sitting on her rollator when she slid onto the floor and was unable to pick herself up on her own strength. S/O EMT Perez performed a pelvic exam on Mrs. Gish which revealed no pain or grimace.
Mary Harvey, a 42-year-old African American female, postop day 2 from abdominal surgery. Has an NGT still. She is also Muslim. • Ms. White, a 60-year-old female, admitted 3 days ago with a diagnosis of bacterial pneumonia. She still is dyspneic with exertion and on 2L of oxygen via nasal cannula.
A situation I have had involving HIPPA was when I turned 18 I hadn 't thought and tried to have my mom call my doctor for some reason. When she did they told her that she couldn 't do anything because I was now 18 and I hadn 't signed any waivers for her to access to my medical records. At the time it was a burden but now learning more about HIPPA I realize that it is in place to keep our medical records safe. Although I have have never had a direct at of malpractice done to myself, I have heard many stories of malpractice.
Healthcare costs in the United States are constantly rising straining the budgets of families and employers. As a result of the rising healthcare costs, insurance premium rates have been also increased. The premiums rates are increasing more rapidly than income which is part of the reason why Americans aren’t able to have access to affordable health insurance. Although the Affordable Care Act has been passed, there are many people still uninsured. The purpose of the Affordable Care Act was to improve the quality of care, provide more Americans with access to affordable insurance, and minimize healthcare spending in the United States.
In the case of Tomcik vs. Ohio Department of Rehabilitation and Corrections, Janet Tomcik, the plaintiff, blamed the loss of her right breast on the fact that there was a major delay in her examination and treatment of her tumor. This could be known as nonfeasance negligence, which is the “failure to act when there is a duty to act,” (Pozgar, 2016). The corrections department, or in this case, the defendant, claimed that Tomcik`s cancer was already so developed, that her breast would have been removed regardless of when her official checkup and treatment took place. One stakeholder in this case is Janet Tomcik. She is the patient who not only lost her breast, but endured “physical pain, [and] emotional suffering,” (Tomcik, 1991).
In the case Riser v. American Medical Int'l Inc., Dr. Lang was sued by four siblings for medical malpractice. Their mother at the time was taken to the hospital for impaired circulation in both the arms and legs. She was seen by Dr. Sottiurai who deemed it necessary for her to have a bilateral brachial arteriogram where after talking to her and her family was able to get a consent for the procedure. Not having the capable means to perform the procedure Dr. Sottiurai had her transferred to another hospital and placed her under the care of Dr. Lang. Once there Dr. Lang performed the procedure, but instead of doing the consented procedure he ended up doing a femoral arteriogram that later led to the patient having a seizure and dying.
It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
ARTICLE #9 Legal Concerns Regarding Medical Record Alteration: The Proof is in the Metadata From Coverys Risk Management (Timothy Malec, Manager, Claims) With the advent of new technological systems and the passage of the Patient Protection and Affordable Healthcare Act, electronic medical records have been widely adopted by many healthcare organizations. While there are many benefits to electronic medical records, such as better access to patient data and improved preventive health, there are also issues that arise due to the application of this technology. Particularly when it comes to medical malpractice litigation, problems emerge when healthcare providers don’t understand the implications of their actions, like accessing and changing
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Health insurance is one of the main insurances ones can have in life. Without reliable health insurance any small treatment can wipe out a person financially. " health insurance is a type of insurance coverage that pays for medical and surgical expenses that are incurred by the insured" as defined by Investopedia, 2015. The term ‘Health insurance’ was firstly discovered in the United States during the civil war.
time for which the person is employed; (7) the method of payment, whether by the time or by the job; (8) whether or not the work is a part of the regular business of the employer; (9) whether or not the parties believe they are creating the relation of master and servant; and (10) whether the principal is or is not in business. A master is in many instances liable, under the theory of respondeat superior, for the torts of his servant, but not for those of an independent contractor.” Additionally, the case regarding Westermann versus Bermisa M.D. was a popular case regarding a physician that had seen a patient for a chronic cough and chest pain, which they ran a chest x-ray and gave the patient a prescription for cough medicine to negligent
There were 127 medical malpractice cases in Pennsylvania last year. An example of these cases could be an exploratory surgery to diagnose a patient and the incision became infected because the patient failed to clean the incision site properly. Seems to me that the doctor was just doing his/her job but in the end, he/she got sued. Medical malpractice can be described as an act or omission by a doctor or physician that lead to the harm of a patient (Kindy). Certain laws and bills have been put in place to discourage people from suing doctors for problems that are completely out of the doctor’s hands.