On July 11th, 1975 in Milwaukee, Wisconsin a doctor by the name of Lester V. Salinsky, performed a surgery on the plaintiff, James Johnson. The surgery was took place at Misericordia Community Hospital (Misericordia), defendant, by Dr. Salinsky. Dr. Salinsky was scheduled to remove a pin fragment from the plaintiff’s right hip. However, “during the course of this surgery, the plaintiff’s common femoral nerve and artery were damaged causing a permanent paralytic condition of his right thigh muscles with resultant atrophy and weakness and loss of function” (Johnson v. Misericordia Community Hospital, n.d.). The plaintiff filed suit against Dr. Salinksy and Misericorida on October 13th, 1976, fifteen months after his unsuccessful surgery, which …show more content…
Case Overview
In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a
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The words physician and doctor is not mentioned in the Bible. However, God says, “I am the Lord who heals you” (Exodus 15:26, NIV) which makes Him our ultimate healer. Additionally, God has a plan for each and every one of His children. He has assigned all his children a certain passion, craft, and love for either teaching, healing, loving, and/or caring for one another. Nonetheless, the Bible expects us all to take personal responsibility in all areas of our lives for His sake because we all have the responsibility to “believe in the good news and repent” (Mark 1:15, NIV). He lives through us in all that we do and “lying lips are an abomination to the Lord, but those who act faithfully are his delight” (Proverbs 12:22, NIV). We are able to live on His green Earth because He sacrificed His life for ours. Therefore we should not “be conformed to this world, but be transformed by the renewal of your mind, that by testing you may discern what is the will of God, what is good and acceptable and perfect” (Romans 12:2, NIV). We shall not lie, cheat, steal, or deceive (Leviticus 19:11, NIV) because we are Godly and should find joy in the relationship we have with God because he knows what is best for
In a 1973 case, Perin v. Hayne, the District Court System of Iowa addressed the question of whether a cervical fusion performed on a female patient resulted in a paralysis of a vocal chord. (Showalter 160.). In this particular case the plaintiff, Perin, began consulting Dr. Robert A. Hayne for a cervical fusion surgery. Perin underwent the cervical fusion surgery to eliminate the pain, weakness, and numbness in her back, neck, right arm, and hand, which was caused by two protruding cervical disks. Subsequently, Perin alleged she suffered paralysis of a vocal chord because of an injury to the right recurrent laryngeal nerve during the surgery. In a consultation in 1968, Dr. Hayne took on the cervical fusion surgery for the plaintiffs pain, weakness, and numbness in her back, neck, right arm, and hand. The results from this surgery had resolved the plaintiffs injuries. Soon after, the plaintiff admits that even though the surgery resolved her previous
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
In the case of Michael T. Vandall, M.D., Plaintiff and Appellant v. Trinity Hospitals, a corporation, and Margaret C. Nordell, M.D., the issue is about retaliatory discharge. It deals with problems with Trinity Hospital in North Dakota, Dr. Margaret Nordell and Dr. Michael Vandall, both physicians working in the OB-GYN department.
The study of Juvenile delinquency and the theories pertaining to it are vital for several reasons. In order to more effectively engage with youths and foster positive behavior and schemas, the individuals must first be understood. The study of theory provides a means of understanding adolescents and the factors that lead to or detract from delinquent behavior. In the case of juvenile delinquent, Jordan Brown, theory helps to provide insight into why an eleven-year-old boy murdered his stepmother.
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
His new physician found that Darling’s leg “contained dead tissue likely resulting from an overly tight-fitting cast which interfered with blood circulation in the leg. After several unsuccessful operations to the leg, it had to be amputated just below the knee” (Darling v. Charleston Community Memorial Hosp. Case Brief, n.d.). Due to the negligence of care and hospital treatment, Darling II and his father brought suit against Dr. john R. Alexander and Charleston Community Memorial Hospital. Prior to trial, the case against Alexander was dismissed after a $40,000 settlement out of court. The case was then only tried against Charleston Community Memorial Hospital. During the trial, “the Darlings argued that it was the duty of the hospital staff to ensure that all policies and procedures were followed. Since the hospital was licensed and accredited, the licensing regulations, accreditation standards, and its own policies and bylaws defined the facility’s duty to a patient. Any infraction thereof imposes liability” (Darling v. Charleston Community Memorial Hosp. Case Brief, n.d.). In the end, the jury returned a verdict in favor of the Darlings in the amount of $150,000, reduced to $110,00 for Dr. Alexander’s
5. Plaintiff’s nerve was severed under her left arm when an epee sliced through plaintiff’s jacket.
In the summer of 2003, Gary Shephard learned that he needed to have surgery on his left knee. In accordance with the requirements of his insurance plan, Mr. Shephard obtained prior approval for the surgery from Blue Cross/Blue Shield and made plans to have the surgery on or about August 5, 2003. On August 1, 2003, a few days before his scheduled surgery, Mr. Shephard was laid off due to lack of work. (Shephard v. O'Quinn Case No. 3:05-CV-79, 2013) Defendant John O'Quinn, Gary Shephard’s boss, told him that the layoff would be temporary and that his insurance coverage was paid for one month after his layoff. Therefore, Mr. O'Quinn assured Mr. Shephard that his health insurance would still be effective the following week when he had knee surgery.
Nature, the Rockies in particular are referred to as the ¨marrow of the world¨ by Del Gue in Jeremiah Johnson, I believe he was right. The whistling of the wind, chirping of songbirds, the rushing of the river waters, and ultimate solitude. Jeremiah Johnson and Henry David Thoreau went searching for what perhaps we all need nowadays when they went on their separate journeys into the wilderness. No worldly distractions such as politics, war, or even women. Though Jeremiah Johnson and Henry David Thoreau had similar goals in their treks to the wilderness, they had many different results and different past life experiences.
He did not use an opthalmoscope nor order an x-ray of the eye. This treatment took about twenty to thirty minutes. Later that same evening, the plaintiff’s eye bothered him again and wife tried to contact an eye surgeon was not successful in doing so until 9:00 the next morning, on Sunday. Under the orders of Dr. Carson, the eye was x-rayed whereupon he was hospitalized at about noon on Sunday. He then had surgery to remove the piece on Monday morning with Dr. Carson. Afterwards, he then had no sight in his right eye, except to distinguish between light and dark (Perry & Thompson, 2017, p. 173).
Mr. Anderson has a narrow focus; he continues to insist he needs more surgery. Mr. Anderson is very weak with large muscle atrophy. He walks using 2 canes refusing to use a walker which would be safer. He is a fall risk. He refuses to participate in physical therapy to strengthen and improve his muscle tone so he could walk safer and increase his endurance. He reports his pain level will not allow him to be active. He has an extremely high pain level consistently which never improves even with medical
The capital of the partnership will be $ ............ . This will be contributed by the partners in the following amounts:
Tanner is not giving good advice to his friend Jackson, because before you start investing in a stock mutual fund or in a Roth IRA, first you have to invest in yourself, get your degree. Education and knowledge is the best investment with the most return that you will get. Jackson has to follow the baby steps before anything, he has to stay out of debt, and making sure he has enough money to finish his education.
The technologist asked the patient if he was able to stand for the upright abdomen exam and the patient affirmed that he could. The radiology technician positioned the patient against the wall bucky, and as the technologist walked to the control panel, the patient collapsed and hit his head on the floor. The patient was taken to the operating room, where a neurosurgeon evacuated the hematoma. A malpractice lawsuit against the radiologist, the radiology technologist, and the hospital. The lawsuit alleged that the patient had sustained a “serious head injury with permanent sequelae” (Berlin, par3) because the defendants had failed to provide a standard of care in allowing the patient to stand alone without support of personnel during a radiologic examination that consisted of distending the colon with air and barium to such degree that sudden loss of consciousness should have been anticipated. The radiologist and radiology technician violated Section A, Code of ethics number 4, 5 and 6 which states, “4. the radiologic technologist practices technology founded upon theoretical knowledge and concepts, uses equipment and accessories consistent with the purposes for which they were designed and employs procedures and techniques
Healer, Specialist, Physician, Medicine Man, Quack, across cultures there have been many names for the people we consider “qualified practitioners of medicine.” (Merriam-Webster, 2015) Throughout our worlds history we have sought out their counsel on various medical issues that may be as small as a cold to as severe as cancer. It is the zeitgeist that doctors be revered as important to a society as they hold such a large responsibility. Since venerate doctors as significant, is it not important to look at how our relationships with these individuals affect our health? Why is it said that “Doctors make for the worst patients?” or why is it that doctors are not likely to treat family members or people close to them? What is it about this relationship that is so important? We won’t entertain these actual questions, but they were intended to open the mind to the idea that there is an importance to this relationship. The most important aspect being communication.