Legal Case Study: Hospital Vs. Hospital
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An overtime class action lawsuit was filed against a California hospice and palliative care group known as Seasons. The lawsuit includes allegations that the defendants, Seasons Hospice and Palliative Care Group of California, Inc. refused to pay the plaintiffs in the case appropriate overtime pay as required by labor law. In addition, plaintiffs claim that the hospice and palliative care group failed to offer required rest periods and meal breaks as outlined in the California Labor Code. Basic overtime wages for non-exempt employees of Seasons Hospice and Palliative Care of California, Inc. are not in question/are not in dispute.
Forrester’s injuries to her left leg and head, she has been unable to return to work since the February 26, 2014 accident involving Richard Hart. Mrs. Forrester’s lost wages are $ 74,997 and she was earning $ 100,000 annually plus medical and dental benefits when the accident occurred. Per her doctors, she is not expected to return to any type of employment for another year minimum. Mrs. Forrester was placed on FMLA for the first 12 weeks of her injury but since has been terminated from her position and has a future loss of earnings capacity claim and a loss of benefits claim that will be vigorously pursued at trial. The current estimated loss value of her earning capacity combined is $100,000.
FACTS In December of 1990, Gerry DiNardo was hired as the head football coach by and for Vanderbilt University under a five-year contract. Under this contract, “liquidated damage provisions” were outlined for both parties, with section 8 of the employment contract specifically detailing the liquidated damages he should owe to the plaintiff/appellee should he terminate his five-year contract with Vanderbilt and be “employed or performing services for a person or institution other than the University” within the five-year term of the aforementioned contract. In August of 1994, the Athletic Director for the University, Paul Hoolahan, offered the defendant/appellant a two-year extension of the contract. An addendum was drawn up by Vanderbilt’s Deputy General Counsel that would extend
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.
The Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. She thought she was in labor. As a result, she delivered her child at home without medical attention and died shortly after giving birth. The plaintiff was Lorene Hill, administer of Monroe’s estate, against Ohio Country Hospital. The question arises whether there was a breach of duty by the hospital in accordance to the institution’s admission policy.
7.4 The Agency cannot guarantee that a Candidate will complete his or her proposed length of stay or engagement with the Client. 7.5 The Agency will not supply a replacement Candidate (or give any future discounts) if the Client has been in breach of any of the Agency 's Terms and Conditions. Neither will any replacement or refund apply if the Client changes the specifications of the position after the original placement has been made.
The recruiting chief told him that it was a mistake and would settle, and accept the offer now. When the increase was not given, Schoenberger resigned and filed a claim to recover damages for the contract The court of first instance ruled in favor of CTA and Schoenberger appealed. Issue The problem is that a new employee was offered a raise a promised time but the person who offered it was only a manager an employee of CTA, which, he did not have the authority or the power to do so.
An EMTALA Case Mary Carnahan HA 301 Legal Aspects Legislation in Health Care March 17, 2016 Introduction This research paper is about a case law for a federal appellate circuit for an EMTALA case. Describe the case and the EMTALA requirement(s) at issue. How does it relate to the professional standards a medical professional must follow?
Cobell representative and third party donation appeal the court with intent to obtain post settlement fees too. As the case is gradually reducing the appealed was denied of compensation for expenses acquired during the litigation and appeals. And the district court reasoning for denial is because the cost incentive awards given to Eloise Cobell at the time of her case when it wasn’t settle yet. Also the district court denied the case because there we no evidence and for Cobell to apply its expenses under the settlement. Cobell’s lawyer argue that Cobell class representative personally owed Lannan foundation, Otte Bremer Foundation, Charles River Associates, RSH consulting and lastly Black feet reservation which Cobell directs .
This was affirmed due to the trial court's findings that an oral agreement existed between Nancy and Louis, and through its judgment in Nancy's favor breach of contract claim against Louis, the court decided to vacate the judgment in Nancy's favor on her unjust
In order to deal with the issue of medical negligence in the NHS, the Government had formed a funded pool of resources and capitals to accommodate the costs of claims whish are brought against the NHS. Later in 1995, the NHS Litigation Authority (NHSLA) was set up to contest law suits on behalf of the Secretary of State. NHS Trust on the basis of assessments of their risk management procedures. The NHS Litigation Authority was created to deal with claims from patients who have been harmed while undergoing NHS treatment. It aims to pay justified claims promptly and fairly, and to defend unjustified claims
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.
“The Skeleton in the Hospital Closet” Critique In this article Charles E. Butterworth explains the issue of malnourished and starved patients in hospitals. Charles is convinced that iatrogenic malnutrition has become a significant factor in determining the outcome of illness for many patients. Patients are starved and malnourished because of hospital stays. Malnutrition is huge in major city hospitals.
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
The sue against the general contractor was represented by the $44,000 that they have not paid to the subcontractor. A.E.M argues the contract in which Jim Silk states that the contract is unambiguous as should be understood as a pay-if-paid clause, Transtar claims that there was not a meeting of the minds which led to the ambiguity of “standard practices”, where I decided on A.E.M’s justification over Transtar because Transtar
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