ipl-logo

Tort Case Study: Health Care Law

1368 Words6 Pages

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. Multiple nurses were involved in the care of Ms. Gadner. Ms. Gadner died due to treatable shock. Due to substandard care received by Ms. Gadner, there is potential cause for her estate to sue. In this case study, the details of care provided, possible defendants, legal theories …show more content…

Missed identification of shock symptoms in Ms. Gadner 2. IV infiltration being missed resulting in her not receiving fluid ordered 3. “Scanty documentation” depriving the physician of information on Ms. Gadner’s current condition 4. Administration of valium and morphine, contraindicated in shock, nursing not questioning the order 5. Didn’t communicate need for transfer to Dr. Dick. 1. Education to nursing staff who cared for Ms. Gadner on shock symptoms 2. Review with nurse Gilbert identification and treatment of infiltrated IV 3. Educate nursing staff who cared for Ms. Gadner on importance of documentation and updating of physicians of patient’s current condition. 4. Review with nurse Gilbert why valium and morphine are contraindicated in shock and her duty to identify this and speak up 5. Review with nurse Gilbert her duty to speak up regarding a need for a transfer of patient to Dr. Dick 1. Complete a root cause analysis identifying breakdowns in processes that directly resulted in the negligent acts by nursing, if any. Implement action plans to correct any process issues identified. Complete any additional individual nurse follow up identified, as needed, outside of short-term action …show more content…

Provide an in-service to all nursing staff on IV infiltration identification and importance of treating, importance of accurate and timely documentation, importance of communication to providers, medications contraindicated in shock, and the duty of a nurse to speak up on behalf of a patient. Defendant Possible Legal Theory of Liability Actions Resulting in Possible Liability Short-Term Corrective Action Long-Term Corrective Action Dr. Moon Negligence Liability Actions that lend to a possible general negligence liability claim include: 1. Failed to follow Bay Hospital policy and procedure on evaluating staff prior to hiring which would have ensured Dr. Dick was trained, had the expertise, and demonstrated competence to provide care in the ED. 1. Review of the policy with Dr. Moon 2. Partner with Dr. Moon to identify any additional deficiencies in the credentialing process for physicians and APPs 1. Review policy to ensure it is current, accurate, and contains necessary content. 2. Establish a double check system in which credentialing is verified by more than just Dr. Moon Defendant Possible Legal Theory of Liability Actions Resulting in Possible Liability Short-Term Corrective Action Long-Term Corrective

Show More
Related
1153 Words | 5 Pages

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.

Read More
1253 Words | 6 Pages

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).

Read More
520 Words | 3 Pages

The case of Riser v. American Medical Int’l, Inc. is about a malpractice action brought on by the children of patient Mrs. Riser claiming that their mothers death was a result of a medical error in which death occurred in performing a procedure on the wrong location. The procedure that should have been performed was a bilateral brachial arteriogram and what was alternately performed was a femoral arteriogram. The patient, Mrs. Riser had many previous health issues which included diabetes, end stage renal failure, and arteriosclerosis. She was experiencing decreased circulation in her lower arms and legs therefore she was admitted to the hospital. Her doctor, Dr. Sottiurai had ordered her to have bilateral arteriograms to see what could be the cause of the poor circulation.

Read More
1223 Words | 5 Pages

On April 3, 2015, Tammy Cleveland sued Gregory C. Perry, a doctor at Buffalo General and Kaleida Health the company that owns both hospitals involved in the death of her husband, Michael Cleveland. Tammy is accusing them of “negligent” care resulting in her husband’s death. The law suit claims that the “defendants’ alleged actions and/or inactions were morally culpable, actuated by evil and reprehensible motives, malicious, reckless, gross, wanton and/or in reckless disregard for her husband’s rights and her family’s rights.” (Dudzik, 2015) The defendants are contesting the case. Michael Cleveland had a heart attack on October 10, 2014, and was transported to the emergency room of DeGraff Memorial Hospital.

Read More
889 Words | 4 Pages

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

Read More
565 Words | 3 Pages

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.

Read More
366 Words | 2 Pages

Medical negligence occurs when a medical providers

Read More
732 Words | 3 Pages

Hospitals can be sued for medical mal practice when they grant privileges to doctors that are not competent to perform procedure and failure to prevent patient form harm or death. This was the result that leading the estate to file claim against Amityville hospital for unlawful death

Read More
639 Words | 3 Pages

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.

Read More
532 Words | 3 Pages

It is interesting the different cases that can be presented at a board meeting from practicing without a license to malpractice. It is also hard to be a board member, I would assume, because they get multiple stories and excuses and sometimes it can be hard to determine the best course of action. Take for example a case that was discussed at the September 2015 board meeting. A hygienist received two extensions, one till 02/15/2015 and one till 06/22/2015. This hygienist had also received prior extensions in the past.

Read More
713 Words | 3 Pages

Chanel then proceeded to sue Dr. Takla, Dr. Mohammad Rahman, the pediatric emergency room attending physician on duty; Darryl Coach; a social worker for Brookdale; and Brookdale. Although Chanel made several claims, the only claims that were actually relevant to her case and situation were as follows: medical malpractice case against Dr. Takla, Dr. Lewis, and Dr. Rahman; violation of New York Public Health Law 2805, which is just stating that a healthcare provider must obtain informed consent before performing a medical procedure, or else they can be held liable; Direct and vicarious hospital negligence; and finally, battery against Dr. Takla and Dr. Lewis. Although the plaintiff’s complaint contained a vicarious liability claim against Brookdale, the Armstrong jury was not charged that it could find the hospital negligent on a vicarious liability theory. The court, instead, told the jury that the plaintiff’s theory of negligence was that the hospital had an absence of proper written policies of procedures, poor training, and lack of experience in the emergency room staff. The plaintiffs also claimed the hospital failed to require its staff to follow well-recognized and established administrative regulations and hospital procedures.

Read More
1010 Words | 5 Pages

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

Read More
1870 Words | 8 Pages

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).

Read More
541 Words | 3 Pages

There were specific situations that led to the cause of Julie Thao's actions of medication error and the death of Jasmine. The situation could have completely been avoided had Julie followed the code of ethics and avoided shorts to provide proper care for the patient. The state claimed that Thao's mistake was caused by actions, omissions and unapproved shortcuts, however, there were other factors that played a role in her carelessness as well. While failure to comply with procedure has been a factor in the medication administration error, other factors contributed as well. For example, failure to properly use the information system, or to ignore alerts or warnings have also resulted in preventable errors (Nelson, Evan, & Gardener, 2005).

Read More
749 Words | 3 Pages

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

Read More

More about Tort Case Study: Health Care Law

Open Document