While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
Ellington, C. R., Dodoo, M., Phillips, R., Szabat, R., Green, L., & Bullock, K. (2010). State tort
The issue presented to the court was can a hospital and a physician be held subject to strict product liability under the Restatement of Torts (Second) Section 402A, for defects in a product related to the provision of medical services? This section provides in part as follows: (1.) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a.) the seller is engaged in
The case of Informed Consent in Louisiana took place on October 10, 1997. The case involves the plaintiff, Milton Lugenbuhl, and the defendant, Dr. James Dowling (Informed, 2002). The case was located at the Supreme Court of Louisiana. The plaintiff, Mr. Milton Lugenbuhl, filed an action against Dr. Dowling for claims based on medical malpractice, and on lack of proper informed consent (Informed, 2002). Lugenbuhl alleged that Dr. Dowling had failed to use mesh to repair a cardiac incisional hernia in 1987, and that it caused a subsequent herniation in 1988, and caused further surgery (Informed, 2002). The jury found that Dr. Dowling was liable for damages based on medical malpractice and failure to obtain informed consent (Informed, 2002).
As reported in several newspapers thru out the Los Angeles and San Bernardino County, in May 2002, a 19-month old patient in San Bernardino County was awarded $43.5 million dollars in the case of Brown vs. Community Hospital of San Bernardino. According to the claim, Eric (the infant) was 4-months old at the time of the accident. The infant was admitted to the hospital with an upper respiratory infection. In the hospital the infant was attached to respiratory monitors and the parents were at the bedside around the clock. After a few days in the hospital the infant was doing much better so the parents left the hospital for a few hours. When the parents left the infant was laying on his back with the monitors in place. During the time they were gone, the monitors were somehow turned off, but none of the nursing staff would take responsibility for the action. The nurse taking care of the infant came into the room and found the infant on his abdomen, blue. The monitors were off and the patient breathing inadequately for approximately 40 minutes. After the infant was resuscitated he was flown out to another hospital where doctors told the parents that he had irreversible brain damage and the parents should just allow him to die.
No further information was given and the questionnaire was not filled out. LAA’s doctors (Defendant), Dr. Preau and Dr. Dennis, submitted referral letters for on his behalf. The letter from Dr. Dennis and Dr. Preau stated that both of them had worked with Dr. Berry and they highly recommend Dr. Berry as an anaestheologist. Based on the letter and recommendations, Kadlec hired him. Approximately a year later, Berry again started using Demerol. On work at Kadlec, he committed gross negligence resulting in severe brain damage to patient. Due to this incidence Kadlec learned that Dr. Berry had been fired from Lakeview. Kadlec first settled Dr. Berry’s malpractice case and then filed suit against Lakeview, its shareholders, and LMC for intentional negligence and strict responsibility misrepresentation based on LMC’s omission of material facts in the letter to Kadlec. The district court supported Plaintiff’s theory. LMC’s moved for summary
Giving a shot to a patient that was ordered by the physician is perfectly with-in the training of a medical assistant. Now let us say that as the medical assistant as she was giving the shot has patient pass out. The medical assistant had asked the patient if they have a history of passing out with shots and if the patient is feeling all right. The medical assistant continues with asking the patient to please sit down so they can give the shot. The patient insists that they need to stand and tells the medical assistant to give it anyway. The medical assistant proceeds to give the shot and the patient passes out on the fall down they hit their head on the counter. Now the patient is suing the practice naming both the provider and the medical assistant in the
Morgan, David L., William R. Trail, and Vicky A. Trompler. "Liability Immunity as a Legal Defense for Recent Emergency Medical Services System Litigation." Prehospital and Disaster Medicine 10.02 (1995): 82-90.
When administering medications to Mrs Smith or any patient some safety precautions the enrolled nurse will follow is to have a glass of water ready for the patient, have the patient sitting in an upright position for swallowing thus reducing the risks of chocking; ensure the patient is awake and responsive. Also assess the patient this may be done by taking the patients vital signs especially a pulse reading for digoxin (Lanoxin). Bradycardia is an adverse reaction to the medication Lanoxin which Mrs Smith is prescribed so before administering Lanoxin taking a pulse and ensuring the pulse reading is within the acceptable range. If Mrs Smith pulse was sitting at 50 bpm, administering the drug Lanoxin may further lower the pulse rate and cause further complications (Tiziani, 2013, p 634). Therefore before administering any medications to Mrs
The two of the six rights of medication administration that were violated where the right medication, the right dosage, and the right client. The nurse failed to read the medication order three times before administering the medication, failed to scan for the right count of the medication, and as well failed to match the patient ID with the scanned
The loss is presented to the Committee in detail, outlining all the claims, medical and litigation challenges. In addition, the insured physician will have an opportunity to present his case, while also being questioned by his peers as well as defense counsel. Thereafter, the Committee will make a determination whether it is a case to settle or defend and proceed
When the standard of care has not been met, then negligence or breach of duty may be established. Liability is the responsibility for the consequences of one’s act of omission or commission. Liability issues involved in the malpractice action brought by Yolanda Pinnelas against Caring Memorial Hospital consisted of the permanent loss of function and deformity of her third, fourth and fifth fingers. These damages occurred following infiltration of vesicant Mitomycin that was administered intravenously in her hand. Two weeks after the infiltration, Yolanda had necrosis in her hand and this resulted in multiple surgical procedures and consequent permanent loss of function and deformity of her
The Supreme court is examining the issue of whether the trial court made the correct decision to allow the plaintiffs to peruse a common law negligence claim. The court was also asked to review the total amount of damages awarded to Stroot and Watson, New Haverford Partnership claims the total amount of damages was excessive that they shock the conscience. The final issue that the court was asked to examine was the reliability of the experts and their
We learned about corporate negligence which as our book states, “occurs when a corporation fails to perform those duties it owes directly to a patient or to anyone else to whom a duty may extend. If such a duty is breached and a patient is injured as a result of that breach, theacts organization can be held culpable under the theory of corporate negligence” (Pozgar, 2016, p. 262). The case that was provided as an example of this to us was the landmark case Darling v. Charleston Community Memorial Hospital which “had a major impact on the liability of health care organizations” (Pozgar, 2016, p. 262). We also went over the corporate duties and responsibilities of a health care organization, which was basically a refresher of who is responsible for certain tasks to ensure that a health care organization remains compliant with rules, regulations, and accreditation standards. The consequences of healthcare organizations not providing timely treatment and a safe environment, and refraining from protecting patients and staff from sexual assault were discussed toward the end of the
To bring a successful claim for negligence, four elements have to be satified: duty of care (DoC), breach of duty (BoC), causation and ha...