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Examples Of Medical Malpractice

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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. The AANS, American Association of Neurological Surgeons, states that a “Bill is common sense, proven, comprehensive medical liability reform …show more content…

An example of contributory negligence is when a patient does not fully disclose their medical history (“Contributory Negligence…”). If a patient does not fully disclose his/her medical history, then the doctor could prescribe something that could cause an allergic reaction, or treat him/her for something and end up harming them. There is a certain amount of responsibility that falls on the patient that he/she sometimes fails to do (“Contributory Negligence…”). Patients are responsible for informing the doctor of all their medical history, this is an important responsibility of the patient that he/she could fail to do. Patients could sue the doctor and take him/her to trial for an issue caused by the doctor. Caps would create less patients trying to get money when they contribute to the issue (“Contributory Negligence…”). When the cases are brought to trial, the jurors usually look at the case from the perspective of the patient. Patient’s cases are usually highlighted and need to be looked at from the doctor’s perspective too (“Contributory Negligence…”). Every case has two sides; lawsuits are usually looked at from the patient’s side, not the doctor’s side (“Contributory Negligence…”). Doctors are people too and need to be respected and listened to when in court, and in fair ways (“Contributory …show more content…

When looking at medical malpractice lawsuits, they can be classified into a civil or a criminal case. A bill could include the limitation of civil cases, not criminal (Leonard). A bill like this would eliminate the unnecessary lawsuits and focus on cases that involve criminal charges. There is a major difference between civil and criminal cases. Civil lawsuits are based on precedents and principles; does not have written codes and penalties (Kowalczyk, Donnett 65). Criminal cases punish the criminal, in this case, the doctors. Civil cases would just compensate the patient (Kowalczyk, Donnett 68). This would take the confusion out of the medical malpractice cases. Cases that have criminal actions would fall under a criminal case, not civil. For example, sexual assault is different than a medical malpractice case and would be looked at as a criminal case

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Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.

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Medical Malpractice Case Study Karen Gonzalez Southern New Hampshire University The case of Smith vs. Haugland and the Iowa Heart and Vascular Clinic is a medical malpractice case in which the parties involved include the plaintiffs, a woman named Louetta Smith and her husband Richard and the defendant, a cardiologist named Dr. Frank Haugland and the clinic in which he practiced, the Iowa Heart and Vascular Care Clinic. The plaintiffs sued for malpractice after the defendant performed a procedure on Louetta in which she had complications and irreversible life changing harm. The plaintiffs believed that the defendant performed an unnecessary procedure and that he did not obtain an informed consent. Louetta Smith was 76 years

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“To prove the causation element, the injured plaintiff must show a direct relationship between the alleged misconduct and the injury sustained from the misconduct.” (Morissette, 2014) Tammy Cleveland can show a legally sufficient relationship between the breach of duty and the injury that is is referred to as proximate causation. But for the fact Dr. Perry refused to check the vitals of Michael Cleveland he misdiagnosed him, which in turn caused his death. Dr. Perry can also be charged with negligence per se for “failing to obey the statute and adhering the standard of care expected of him as a doctor”. (Dudzik, 2015) He neglected his patient and the pleas from his family, ultimately shortening his life.

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Maricopa County Medical Society case, The state of Arizona sued the medical county for a alleged price-fixing, which is a violation of section 1 of the Sherman Act. The Medical Society was created as an insurance administrators for the doctors that belong to the society, which include 70% of doctors in Arizona. The organization adopted a schedule of fees imposing a maximum amount that member doctors could charge, which set a price ceiling on a large part of the medical industry. With the medical field being an expensive industry already, the price ceiling seemed like a good idea so that consumers were not easily taken advantage of. What the price ceiling does is immediately lowers competition that could have benefited from setting their own pricing.

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In order to maintain a claim regarding medical malpractice, a plaintiff must show 1) a duty owed to the plaintiff by the defendant (inherent, voluntary, or statutory) 2) a breach of the duty by allowing the conduct to fall below the standard of care, and 3) a compensable injury proximately caused by the defendant’s breach of duty. Carey was able to establish an inherent duty was owed to him by Connelly but was not able to provide evidence to support his claim about the breach of duty by conduct or that his injury was caused solely by the conduct of

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Md lawful system additionally helps make their own courts to adopt more common law doctrine of combined and some liability in the event along with multiple defendants. Under combined and some liability, every accused may be held responsible for the complete volume of wisdom presented, irrespective of his/her wrong doing inside the harm. Md Asbestos Litigation - Recent suggestions Copland along with Alford sixth v. Sparrow 's Position Aluminum Mill (Bethlehem Steel): Some sort of Baltimore County World Court granted an overall total of $3. 925 million towards properties of loved one braking system staff inside the primary braking system asbestos case with Md Seeker sixth v. Owens-Corning Fiberglas: Some sort of Baltimore Area jury granted $4.

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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.

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Candace Newmaker, a bright girl trying to find a home until she met her terrible fate of being murdered. One of the worst things you can inflict upon another human, is to steal their lives. People who take another’s life are sentenced harshly. But when it comes to doctors, they receive a free pass. Why should doctors and medical physicians not be as harshly punished compared to others?

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Secondly, he can sue the doctor. He can sue the doctor because he left a piece of metal that caused Cal a great amount of pain until it was discovered and removed. This is called medical malpractice. In Florida there is a legal concept called Res Ipsa Loquitor meaning speaks for itself.

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As federal regulators require physicians to do more, they will actually get paid less. As the situation worsens, older doctors will retire and younger doctors will look to switch careers. This will come at a time when the demand for physician services will be higher than ever. Ultimately the consequences of the Patient Protection and Affordable Care Act will translate into restricted access and inferior quality of care. No matter how you look at it, this legislation is terrible for physicians; however, it is always the patient that suffers the most.”

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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.

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The court found the “Defendant's care of Claimant fell below acceptable standards of practice” (Stashenko, 2015). In 2009 a former inmate of the Hawaii corrections department was awarded close to $1 million in damages for an incident in 2003, in which the physician’s failure to give the correct type and dosage of antibiotic for an infection in his scrotum. This resulted in 6 subsequent surgeries and the removal of his scrotum, rendering him

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“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

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Changing Woman: A powerful goddess that represents creation and protection in the Apache community who gives the gift of fertility and reproduction. One of the many ceremonies the Apache people carry out is the initiation of a girl into womanhood. It takes place the summer after the girls first menstrual period. This is a four day ceremony where the girl and her extended family have prepared all year spiritually and by saving resources. The ceremony not only transforms the girl, but blesses her with a long and healthy life.

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