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.
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).
“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.
Under the circumstances in which the case reached the Illinois Supreme Court, it was held that the verdict against the hospital should be sustained if the evidence supported the verdict on any one or more of the 20 allegations of negligence. Allegations asserted that the hospital was negligent in its failure to (1) provide a sufficient number of trained nurses for bedside care for all patients at all times, in this case, nurses who were capable of recognizing the progressive gangrenous condition of the plaintiff's right leg, and (2) failure of its nurses to bring the patient's condition to the attention of the hospital administration and staff so that adequate consultation could be secured and the condition
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
The Due to the many medical dysfunctions that happened while Dr. Moe Mathis was in charge, this physician faces a major accusation of medical malpractice. However, when the physician saw the possible mistake he did in identifying Mr. Swensen’s medical condition, he decided to do justice by himself and falsify the medical reports for prostate cancer by doing a second cross-check of the prostate. But, what he did was use the prostate of another patient who indeed had prostate cancer at a similar stage as the initial diagnoses of Howard Swenson. This constitutes Fraud, and conspiracy to commit fraud, which is a major offence and moreover committed by a trusted, and respected medical professional. Additionally, by removing the prostate of a dead patient to use it to change Mr. Swenson’s medical reports, Moe violated a human corpse, and this constitutes desecration of a human body.
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.
There is a lot of pressure put on healthcare professionals to perform to perfection in all aspects of their medical practice. However, this is not logical since they are human and make mistakes. These mistakes occur due to a quality gap which takes approximately 90,000 lives each year (“The Quality Gap: Medicine’s Secret Killer”, 2000). Healthcare professionals can help bridge the gap of quality of care by following certain standards and parameters, taking responsibility, and knowing of the impact that negligence, malpractice, and litigation can have on provider and patient relationships. In addition, based on the video, “The Quality Gap: Medicine’s Secret Killer”, healthcare providers should use approaches that minimize error, reduce risk, and improve communication and collaboration
Claudia Kalb’s article “ Do No Harm,” published in the October 4, 2010, issue of Society, discuses the healthcare professionals’ defensive behavior that causes the malpractices among patients. Kalb reports that since the Health system’s applied the lawyer Boothman’s program of “ disclosure and compensation,” then the number of lawsuits reduced as well as the legal- defense costs have dropped around 61 percent. In 1999, there were around 100,000 Americans people are killed from the preventable medical errors, noted Kalb. Also, the header of Centers for Medicare and Medicaid Services even claims that there won’t be any refund to the hospitals for preventable medical error cases. According to Kalb, Harvard’s Institute for Professionalism and
In many cases of negligence bad practice takes in place that are intentional for someone’s financial gain, but in other cases it could be the lack of communication. Many patients face misdiagnosis and treatment from their nurses or doctors and it leads into an unintentional commission. 34- year- old Kim Tutt was healthy and doctors informed her that she had three to six months to live due to jaw cancer. Tutt went ahead with the surgery to get the cancer removed from the left side of her chin to behind her right ear and replaced it with the fibula from her leg. She has children of the ages 10 and 12 years old and wanted to spend as much time that she could in their lives.
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.
“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
Some of the ways people get mistreated is things like misdiagnosis, unnecessary surgeries, premature discharge, not ordering the correct tests or not acting upon tests presented, not following up, wrong dosage or medication, leaving things inside the body after surgery, incorrect care in hospitals resulting in bedsores, persistent pain, or pressure ulcers (medicalnewstoday.com). Any of these or more can cause someone to want compensation, however some people don’t gain the money they deserve thanks to the fact that they either don’t have the money to go to court, wait too long, or don’t realize till it’s too late and the statute of limitations is up. Other times when they are brave enough making it to court they need a testimony from a medical personnel, however, they can’t find someone to testify (abpla.org). Usually most people don’t end up making it to court on the grounds that lawyers are expensive and the legal system can take a while, on the other hand, when a malpractice lawsuit is awarded there’s a great deal of money that the hospital’s insurance or the doctor’s insurance has to pay, the payment could be anywhere from hundreds to millions of
1. Introduction: Radiologists recently have been advanced because of radiology expanding practices in many sensitive medical cases. Recent charges against radiologists have brought new obligations and liabilities, making them vulnerable to higher degrees of legal cases against them. Negligence legal proceedings in radiology naturally appear as a result of failure to diagnosis or poor consultation and thus failure to react medically in a timely manner.
The plaintiff has suffered an injury due to his breach. And in most of the cases of medical negligence the doctor is always defendant. Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law. Negligence Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
