Case Study: Seasons Hospice Vs. California, Inc.
The second trial I attended was a personal injury civil jury trial with Judge Carrier. This was a rather interesting case of Jennifer Wolfe VS D & W LLC. Within this case, Jennifer Wolfe attended a bachelorette party eight years ago with her now sister-in-law, who was the maid of honor. The story started out with everyone meeting at a house and the maid of honor was mad that the designated person to bring alcohol, forgot to bring the alcohol. The alcohol drank at this house was whatever was there, which was a few beers and a box of wine.
The violation of statutory provisions by a landlord can qualify as a proximate cause for injuries to tenants in the case the surrounding environment was insecure and there was clear knowledge of intrusions into the given residential area. Ten Associates v. McCutchen Fla. App., 398 So.2d 860 (Fla.App. Ct. 1981). The landlord was legally obligated to positively respond to the plight of the tenants as their lease agreement put him responsible for any required repairs within the common area. The tenants, including Parker, had made numerous attempts to inform him of increased frequency of intrusion due to a broken deadbolt lock that he was mandated, according to the provisions of the statute, to promptly repair.
I spoke with the patient 's wife via phone, The wife states that she needs additional assistance for the patient. She states that she is aware that the patient 's health is declining and that she wants him to be comfortable at home. I discussed hospice services with the patient and the wife. The wife states that she would like hospice to evaluate the patient, the patient also agree for hospice to evaluate. Case reviewed with the patient 's nurse, the charge nurse, case management and hospice.
An employee has the right to work in a safe environment, one that is free from hazards that could lead to serious harm. Causing dissention and the hostile work environment for employees created the potential for a violent incident to occur. At the very least, the potential for a costly mistake due to duress they were under, which could have caused physical harm. The defendants’ faced discrimination and retaliation based on their race. This appalling treatment violated Title VII of the Civil Rights Act of 1964 and by doing so, invoked the Civil Rights Act of 1991 allowing the monetary damages
to show: (A) there was a purported fiduciary relationship; or (B) the relationship was one of subjugation or “dominion and influence.” Each of these deficiencies alone necessitates a dismissal of Dr. Stout’s constructive fraud cause of action under Rule 12(b)(6). The Court has explained the elements necessary to maintain a constructive fraud cause of action: A constructive fraud complaint must allege facts and circumstances (1) which created the relation of trust and confidence, and (2) led up to and surrounded the consummation of the transaction in which defendant is alleged to have taken advantage of his position of trust to the hurt of plaintiff.
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
Thank you for your follow-up related to this Fast Appeal for Mrs. Letha Washington. You have been very instrumental in ensuring that Mrs. Washington got the necessary medical referrals while here in Houston, TX and we truly thank you for all you have done in that area. This letter is a direct rebuttal to your Grievance Resolution letter dated 2/5/16: 1. In your letter on page 2 you stated “ Per the Centers for Medicare and Medicaid Services (CMS) guidelines, Cigna-HealthSpring is required to mail a letter acknowledging receipt and processing of a Customer’s enrollment application.”
Parties: Ted Chimel (Plaintiff) v. The State of California (Defendant) Facts: The Police Officers arrived at the Plaintiff’s house with an arrest warrant for the alleged crime he had committed. The Plaintiff was not at home and his spouse let them in until Chimel return. Upon the Plaintiff entering the house, the police arrested him and request permission to search the house. The Plaintiff denied the request to search the house, but the police officers proceeded to search the house.
While the plaintiff 's claims that Tyson did not compensate the overtime they worked. However, Tyson asserted that even if there is sufficient evidence to support the damages; plaintiff has failed because plaintiffs did not provide any evidence of the actual damage due to the testimony did not contain references of overtime that had violated the Fair Standards Labor Act (FLSA). Under the provisions of Tyson, workers at the plant worked Storm Lake had worked substantial amount of overtime on a weekly basis and the plaintiffs show uncompensated overtime work by applying the average donning, doffing, and walking times to the employee time-sheets, therefore; evidence is sensitive to the reasonable inference that the jury verdict is
Resident E.V. has demonstrated the ability to cope by displaying effective coping patterns. She has the desire to become both healthier and live a healthier life style. Her goal is to gain recovery so she can walk on her own again and eventually move back into her house to help take care of her husband, whom has dementia. She is willing to modify her lifestyle accordingly if she is unable to gain complete recovery. However, she would like to be as independent as possible.
Legacy Hospices missions statement is to affirm life and focus on the quality of life. Legacy Hospices consist of twenty-one offices located in seven states, including Alabama, Louisiana, Arkansas, Missouri, Kansas, Oklahoma, and Mississippi. Legacy Hospices provides care for people who are in their last stages of life. Hospices allow nurses, doctors, spiritual leaders, and rehab teams to stay and work with the patient so the family members can carry out their everyday lives. Hospices job is not to postpone deaths, but to prepare the family in every way possible for that time.
who can stay rest assured in a few states that if they want to end their suffering the patients will have the option. Peg Sandeen describes the reason why she supports the “Death with Dignity Act” her husband John had been diagnosed with HIV, his words were “ I don't want to die that way” at that moment Sandeen realized that a “Dying person” wants to “Decide how they die” (deathwithdignity.org). John only wanted to be in authority of his life until the day he perishes John's desire of being in control until the day he passes on only something the right to die can grant because clearly he has been suffering for many years from HIV and has realized he does not want to be consumed by the disease. John wants to live his life knowing the day
Case 3 Part A Mr. Chapman is a forty-six year old man, and he has been receiving home-based hospice care, for the past three weeks. Mr. Chapman is an avid smoker, who has smoked two to three packs of unfiltered cigarettes for thirty years. Currently, he is experiencing wheezing, fatigue, weakness, poor endurance, and frequent coughing spasm. He is consistently losing weight, and he can only swallow clear soup and a few sips of water.
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.
Hospice and palliative care can be easily intertwined; they are both concerned with promoting comfort and relieving patient pain. Hospice and palliative care, however, are different in some aspects. Patients who receive hospice care are nearing the end of their lives and there is no effort to cure their disease; the goal is to provide pain relief, a sense of belonging from family and friends if desired, support through the dying stages, and to assure that the person is able to die with dignity. Palliative care is also focused on reducing discomfort; however, the patient receiving care can be at any stage in their disease. Additionally, palliative care can also be administered during a time when a patient is receiving treatment to cure their illness.
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