ipl-logo

Yolanda Pinnelas Case Study: Who Should Be Sued

2373 Words10 Pages

Consensus Summary of Yolanda Pinnelas Case Study
The purpose of this paper is to discuss a case study involving a 21-year-old patient, Yolanda Pinnelas, who was studying to be a musical conductor, and who was being treated with chemotherapy. The toxic medication allegedly caused severe deformity of the patient’s hand when it seeped out of the intravenous (IV) catheter and into the surrounding tissues with minimal intervention by the hospital staff noted. This malpractice case will be reviewed thoroughly by each one of the group members and a discussion of the issues relating to duty, documentation, liability, damages and more will be discussed in detail within this paper.
Liability Issues/Parties Involved/Who Should Be Sued
Liability Issues …show more content…

As such, in the Yolanda Pinnelas case, when the 21-year-old oncology patient who was administered IV Mitomycin to treat her anal cancer and developed necrosis to the hand after. In malpractice cases the burden is on the Plaintiff to prove the four elements of the claim, namely duty, breach, damages and proximate cause. According to Westrick (2014b), the four elements must be proven to arrive at a successful claim. Duty is the responsibility of healthcare provider to treat and care for patients. Breach is a failure in treatment or neglect of care. Damages are injuries which happen because there was breach. Proximate cause is proof that the injury happened because of the …show more content…

In malpractice claims both the employer and the practitioner can be sued. Nurses need to know the different types of insurances and what they cover. Personal liability covers the nurse for representation for State Board actions, volunteer work and high risk areas. Some employers are making personal liability mandatory for employment. Employer liability covers actions of nurses when they are practicing in their scope of practice; nurses need to be aware that these insurances have limitations. More nurses are carrying liability insurance, to cover their practice in the face of increased

Show More
Related

Case Study: Welge V. Planter's Lifesavers

517 Words | 3 Pages

While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny

Read More

Legal Case Study: Evita's Case

420 Words | 2 Pages

I believe it is imperative for Evita to raise suspicion about the cause of Eric’s death as well as the parental competence, Evita needs to make sure that these parents have the ability to raise their children. As a social worker it is Evita’s responsibility to be completely honest about any information she knows in order to ensure that the family is safe as a whole. I believe that Evita needs to raise suspicion to ensure the other two children within the family are safe and the parents are competent to be raising their children. If the Father Bill is in reality babysitting the children drunk, this could have been a major factor as to why the Father didn’t wake up when he rolled on top of Eric. It is obligatory that Envita ensures that the living situation is safe so

Read More

Post-Op Wound: Case Study

233 Words | 1 Pages

A patient is admitted to Nightingale Community Hospital to the surgical unit following an infection to a post-op wound. There were several deficiencies found on the patient’s tracer audit once the patient was admitted to the hospital. One deficiency that was found was that the patient was given medication related to pain and the patient was not reassessed properly per Joint Commission Standards (JC). The deficiency found is within the pain assessment policy of the hospital.

Read More

Russell Turner Case Summary

166 Words | 1 Pages

Russell Turner (Petitioner) brought causes of action against Smith 's Pharmacy (Respondent) for negligence, for failing act with reasonable care by providing prescription labels in large enough print, with knowledge that the Petitioner suffered from vision impairment. The court ruled in favor of Smith 's Pharmacy because Petitioner failed to establish the Respondents proximate cause— when Petitioner took a prescription he was uncertain of. The court held that it was unforeseeable to the pharmacist that the Petitioner would mistakenly take the wrong medication. The court applied the general elements for negligence: proof that a duty existed, the duty was breached, and the breach was the proximate cause of the harm. The question is whether a

Read More

Dr Anna Pou Case Summary

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

Yoselyn Ortega Case

1143 Words | 5 Pages

Marvelin Calcano Suzanne H. Elgendy PSY 370-04 4 May 2018 Psychology In The News Yoselyn Ortega, a US citizen for 10 years who is originally from Santiago de los Caballeros in the Dominican Republic was 50 years old when she murdered Lucia and Leo. She was living on Riverside Drive in Manhattan's Hamilton Heights neighborhood with her 17-year-old son Jesus, her sister, and her niece. She was paid $18-an-hour, as a nanny by Kevin Krim a former a digital content executive at the television network CNBC and Marina Krim who was a former kindergarten teacher.

Read More

Case Study: CARDWARE, Inc.

646 Words | 3 Pages

The purpose of this memorandum is to provide Casandra Cardigan CEO of CARDWARE Inc with the necessary and vital legal information regarding the elements the plaintiff needs to sue based on negligence in a civil court of law in the United States of America. The second and final purpose of this memorandum is provide possible potential defenses CARDWARE and Candice Cardigan may use to dwindle the plaintiff Myra 's claim of negligence. Whether Myra, world renowned supermodel, has a sufficient claim against CARDWARE and Candie Cardigan a model hired by CARDWARE, for negligence due to suffering a broken nose and cut to her face from the defendant 's shoes. In order to bring a cause of action based on negligence; furthermore, negligence requires the following elements Duty, Breach, and Caution. In the United States, businesses of all sectors and individuals in general owe people a general duty of due

Read More

Kim Tutt Negligence Case Study

196 Words | 1 Pages

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.

Read More

Tort Case Study: Health Care Law

1368 Words | 6 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.

Read More

Negligence In A Civil Action By Jan Schlichtmann

719 Words | 3 Pages

The contaminated water supply then resulted in the death of little children, and parents had to bury their own children. Therefore, there is no reason not to have prosecuted the two corporations as all the elements of negligence are displayed here. Consequently, both corporations whether it was intentional or accidental, committed an act of negligence. Although nothing can be done to undo the losses, both companies must have apologized and compensated the damages

Read More

Negligence: The Procedure Of Negligence

860 Words | 4 Pages

For a court to determine that negligence has occurred, there are four requirements that must be proven. A duty of care must be owed, next, a breach of that duty of care has occurred through the defendant’s actions, this breach of duty has caused damage to the claimant and the damage caused was not too remote. The original test for whether a duty of care has been breached was famously set out in the case of Bolam , which involved, a plaintiff, who was suffering from a mental illness and being treated with electroconvulsive therapy. The treatment was known to induce convulsions or fits.

Read More

Essay On Critical Analysis Of Negligence

1997 Words | 8 Pages

The area of tort in law is also called negligence it is caused due to carelessness... In Legal position the idea of negligence should exercise reasonable when they act by taking account f that they might foreseeable cause harm to other

Read More

Intentional Tort Law

956 Words | 4 Pages

The duty of care imposed by law is measured by the degree of carefulness that a reasonable person would exercise in a given situation. Duty to act is a person is under a duty to everyone at all times to exercise reasonable care for the safety and protection of the people and their property. However, in certain special cases, no one is required to aid another in risk. Factual cause is when the defendant’s actions are factual causes of the harm when the harm would not have occurred without such conducts, while scope of liability is a limited liability to those harms that result from risks that made the defendant’s actions tortious. Scope of liability is divided into two parts; foreseeability, which excludes liability for harms that were sufficiently unforeseeable at the time of the tortious act that were not among the risks that made the defendant negligent; and superseding cause, which is an intervening act that relieves the defendant of liability.

Read More

Flatworldknowledge Essay

693 Words | 3 Pages

This entails exercising care in handling or interacting with others. The plaintiff has the right to demonstrate legally recognizable past, present and future economic, pain and suffering caused by the injuries. The defendant equally has the right to raise several rightful defences to

Read More

Essay On Tort Law

1409 Words | 6 Pages

A different between criminal law and law of tort is that the main purpose of law of tort is to compensate people who suffer harm and not punish the people who caused this harm, a different between law of tort and contract law is that the law of tort makes as liable to people with whom we have no previuous relationship. “The defendant is in same sese at fault, either because he intends harm or because he take unreasonable risk of harm. As for the breach of contract, it not be considered tort”

Read More

More about Yolanda Pinnelas Case Study: Who Should Be Sued

Related Topics

Open Document