Case Study: Hendrick Medical Center V. Smith

271 Words1 Page
bulb-icon

Recommended: Duty of care contreversy

After reviewing Hendrick Medical Center v. Smith, I completely agree with the decision to overturn the first ruling and find Hendrick Medical Center free from fault. Aside from Smith allegedly receiving the shock, there was no evidence presented that put Hendrick was responsible for the incident. Occupational Safety & Health Administration (OSHA) clearly states that an employer is to provide its’ employees a place to work that is without identified hazards that could cause possible injuries to the employees (Occupational Safety and Health Act, 29 U.S.C. 654 § 5 et seq., 1970). In this case, it has been proven by multiple testimonies that there were not any identified hazards. Darrell Dorsett, Don Russell, and Charles Baucum testified that

Show More
Related

  • Riser V. American Medical Int L Inc Case Study

    807 Words  | 2 Pages

    In the case of Riser v. American Medical Int’l, Inc., Riser, a 69-year-old mother of four children, was suffering from circulation complications in her lower arms and hands. She had a history of several conditions such as diabetes mellitus, end-stage renal failure, and arteriosclerosis. The physician at Hospital A, Dr. Sottiurai, requested bilateral arteriograms to find the etiology of Riser’s circulation problems. However, Hospital A could not fulfill Dr. Sottiurai’s request, so Riser was transferred to Hospital B under the care of Dr. Lang, who was a radiologist. At this instance, Dr. Lang mistakenly performed a femoral arteriogram instead of the bilateral arteriogram that Dr. Sottiurai had originally ordered, and after the procedure when Riser was on her way to be

    Read More

  • The Case Of Enso Martinez And Rebecca Fielding Against John Hopkins Hospital

    718 Words  | 2 Pages

    Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….

    Read More

  • Triangle Shirtwaist Fire - Lasting Effects

    1605 Words  | 4 Pages

    McGuire, C. (2011, April). Workplace Safety 100 Years Ago. Safety Compliance Letter(2524), 1-6. Retrieved April 22, 2014, from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=60166397&site=ehost-live&scope=site

    Read More

  • Medical Malpractice Case Study: The Court Was Appalled

    868 Words  | 2 Pages

    Explain the issue or dilemma using information from the readings in the book and other sources.

    Read More

  • Darling V. Charleston Community Hospital Case Summary

    673 Words  | 2 Pages

    Background. Dorrence Darling II, at eighteen years old student who broke his right leg playing college football. Darling II was taken to the emergency room at Charleston Community Memorial Hospital for medical attention and treatment. Charleston Community Memeorial Hospital was a “rural, fifty-bed hospital in downstate Illinois” (Weit, p.399). Dr. John R. Alexander, the emergency room physician, treated Dorrence by applying traction and placing his leg in a cast. Shortly after the cast dried, “Dorrence began experiencing pain in his toes, which became swollen and discolored and later cold and insensitive. On several occasions thereafter, Alexander made slight modifications to the cast including

    Read More

  • Case Study Summary: Charlie Bothuell V.

    1298 Words  | 3 Pages

    Charlie Bothuell V, a 12 year old boy who lives in Detroit, was locked in the basement of his home by his step-mother and tortured by his biological father who made him do ridiculous amounts of strenuous exercise on a daily basis. He was also denied basic necessities such as food and water. Charlie recently told police that his step-mother barricaded him behind boxes and told him 'not to come out, ‘no matter what he hears’, and threatened “to make him disappear’. The exact exercise regime was 200 sit-ups, 100 pushups, 100 jumping jacks, 25 curls on each arm with a 25-pound weight and thousands of revolutions on an elliptical machine in under and hour. It was also discovered that Charlie’s dad assaulted him with a bloody PVC pipe. Charlie revealed that he was abused the entire two years that he lived with his father. Both adults claim that the allegations are untrue, however doctors agree that Charlie’s injuries are consistent with abuse.

    Read More

  • Health Care: Enforcing the Social Contract

    1002 Words  | 3 Pages

    Nielsen, Ronald P. OSHA Regulations And Guidelines : A Guide For Health Care Providers. Albany, NY: Delmar,

    Read More

  • Case Brief: Montague V. AMN Healthcare, Inc.

    859 Words  | 2 Pages

    The case of Sara Montague et al., Plaintiffs and Appellants, v. AMN Healthcare, INC., Defendant and Respondent, was taken up and decided in the appellate court. The case was first granted a standard review of a summary judgment, which failed, the plaintiff then appealed this motion. After the appeal it then went to court to be heard in a normal trial. Just to be a bit more precise, it was heard and decided as case No. D063385. in the Court of Appeals of California, Fourth District, Division One, on the 21st of February in 2014. In this court case, representing Sara Montague, the plaintiff and appellant, was the law office of

    Read More

  • Iturralde V. Hilo Medical Center Summary

    1172 Words  | 3 Pages

    Iturralde v. Hilo Medical Center (HMC) is a medical malpractice case brought about by a representative for the Estate of Arturo Iturralde. The plaintiff, Rosalind Iturralde, is suing both HMC and Dr. Ricketson individually and as a representative for Arturo Iturralde’s Estate. The Defendants are HMC, Medtronic Sofamor Danek and Robert Ricketson, M.D. This case was brought about as a result of gross negligence and malpractice on the parts of HMC and Dr. Ricketson. During spinal surgery on January 29, 2001, Dr. Ricketson implanted a portion of a stainless steel, surgical screwdriver shaft into the spine of Aurturo Iturralde. This screwdriver shaft was not intended or approved for human implantation. HMC staff failed to inventory the surgical

    Read More

  • Herrera V. Mesilla Valley Hospital

    634 Words  | 2 Pages

    The plaintiff was a patient at Mesilla Valley Hospital at the inpatient mental facility, while she was seeking treatment there; one of their staff Joseph Herrera (technician) sexually battered her. Plaintiff is suing the County of Dona Ana, because Herrera used to work for them as a detention sergeant, during his employment with the county he was known to be sexually abusive towards female inmates. His supervisors were aware of his behavior and were arranging his suspension and eventually terminating him; nevertheless Herrera quit before any further action was taken against him. Before his resignation Herrera asked for a letter of recommendation, he was given one that mentioned he was an excellent worker

    Read More

  • Medical Malpractice Lawsuits

    3014 Words  | 7 Pages

    Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.

    Read More

  • Legal Aspects of Fire Protection Unit II Research Paper

    615 Words  | 2 Pages

    The Occupational Safety and Health Administration was formed as an agency of the federal government that is charged with protecting workers from recognized safety hazards within the workplace. The Occupational Safety and Health Administration was created as a result of passage of the “Williams-Steiger Occupational Safety and Health Act of 1970 in response to dangerous working conditions across the nation and as a culmination of decades of reform” (Walter, 2011, para. 5). President Richard Nixon signed the act into law on December 29, 1970 and The Occupational Safety and Health Administration was officially established on April 28, 1971 (Walter, 2011). During the 41 years on the job, The Occupational Safety and Health Administration has identified and addressed numerous work hazards, as well as provided solutions to mitigate and/or avoid placing workers in unnecessary danger. OSHA regulates as enforces regulations throughout the country, however the agency does declare that “states can run their own safety and health programs as long as those programs are at least as effective as the federal program” (http://www.dol.gov/compliance/laws/comp-osha.htm). The states that choose to implement their own version of the occupational safety and health plan are referred to as OSHA states, whereas those who implement no plan are required to follow the federal regulations, as set forth by OSHA. OSHA effects all workers and employers in the United States, as the desired effect of the Williams-Steiger Occupational Safety and Health Act is “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources” (Williams-Steiger Occupational Safety and Health Act, 1970). OS...

    Read More

  • Dred Scott V. Sandford Case Study

    951 Words  | 2 Pages

    Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot

    Read More

  • Case Study: Stuart V. Nappi

    677 Words  | 2 Pages

    Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education

    Read More

  • Johnson & Johnson Code Of Ethics Case Study

    1254 Words  | 3 Pages

    Management has to comply with the Occupational Safety and Health Administration’s regulations, or risk getting fined. There are many cases where companies try to cut costs, violate rules made by OSHA, and hide any unsafe conditions or ask their employees to lie about it. Putting employees in danger to make a greater profit goes against their corporate responsibility and makes their company lack integrity. Upper level management should make policies against using unsafe practices and lower level management lying about work conditions. They should also promote that employees report unsafe conditions to management and not penalize employees for “whistle-blowing”. Johnson & Johnson’s credo states, “…working conditions [must be] clean, orderly, and safe” (Code of Business Conduct, 2015). Johnson & Johnson implemented a variety of programs to make sure their employees are safe within the workplace including: machine, electrical, contractor, warehouse, and office safety, hazardous processes, and fall prevention (Workplace Safety, 2013). Johnson & Johnson works to reduce their workplace injuries each year and even gets employees and their families to help come up with new programs to further reduce unsafe situations in the workplace. All this contributes to why Johnson &

    Read More

More about Case Study: Hendrick Medical Center V. Smith

Open Document