Negligence In Health Care
The legal and ethical obligations of a health care organization is to follow the laws, regulations, and policies in place to provide confidential, quality care to every individual. Furthermore, every health care organization holds critical fiduciary duties to their patients. Which means that they, “have an obligation to those who have put trust in them.” (Jones & Barlett Learning, 2017, p. 433) In this case not only was HIPPA violated, but under Tort Law, Negligence could be applied to patient Burn’s case. In turn, medical malpractice and a HIPPA violation could be claimed by the patient. She could claim the HIPPA violation on the skilled nursing facility and the Negligence on the hospital. Moreover, ethically, the health care organization …show more content…
(Jones & Barlett Learning, 2017, p. 427) Furthermore, for negligence to be proven, there must be four key factors involved: the negligent party must have a duty toward the harmed party, there must have been a breach of duty, the plaintiff must be able to prove the harmed party suffered injury or damages, and causation must be proven. (Jones & Barlett Learning, 2017) In this case, all four key factors can be applied. The hospital should have thoroughly reviewed Margaret Burn’s chart and realized the medications did not match the patient at hand, as well as, realized the patient’s symptoms and history did match the medication list given. Mrs. Burns should have been asked every drug she takes and at what doses on admission, especially due to her being alert and orientated. The name on the medication list should have been matched and identified to Ms. Burn’s name, identification number and other forms of identification. Furthermore, the physician, who reordered the medications, should have assessed the patient before reordering the medication list. He would have realized by assessing the patient physically and asking the patient questions, that they had the medication list did not match her health history or symptoms. In addition, the Nurses administering the medications should have questioned the orders by the physician. Moreover, the medical staff did not uphold to the, Standard of Care; hence, the breach of duty. The plaintiff can easily testify and prove that after three days of poor quality care, Mrs. Burns suffered tremendously physically, mentally, and financially. (Jones & Barlett Learning,
Cleveland V. Perry: A Case Study
1223 Words | 5 PagesTo show that a breach of professional duty occurred, there must be the concept of standard of care. Standard of care generally refers to that care which a reasonable, similar professional would have provided to the patient. Morissette writes “to establish breach of a standard of professional care, expert witness testimony becomes essential since a jury of laypersons cannot understand the distinctions of medical care.” (2014, p. 134) An emergency room doctor would be an exceptional witness to show that the inactions of Dr. Perry greatly reduced the chance of his patient surviving. In addition, the Learned Hand Formula should be applied in this case, by checking Michael’s vitals, Dr. Perry would have reduced the risk of harm and possibly death because he would have realized his misdiagnoses and would have given Michael a greater chance of
St. David South Austin Medical Center Case Summary
732 Words | 3 PagesSt. David’s South Austin Medical Center (the “Hospital”) has received a letter from John Craven, an attorney representing former Hospital patient Ramona Reeves. Mr. Craven states that the Hospital’s entering into a Settlement Agreement with GEICO Insurance Company after the Hospital’s receipt of Ms. Reeves’ “HIPPA (sic) Revocation/Cancellation of Prior Authorization” constituted a wrongful disclosure of her individually identifiable health information (“PHI”). You have asked us to evaluate whether the provision of billing information and/or entering into the settlement agreement with GEICO violated HIPAA. The answer is no.
Pros And Cons V. Defendant Medic East
826 Words | 4 Pages11. Similarly the reasoning for the refusal to disclose Dr. Rigney’s radiological reviews is equally misleading. While Plaintiff appreciates that Defendant Medic East has advised the court that Dr. Rigney will not be called as a witness in the instant matter, an admission Plaintiff intends to enforce should Defendant Medic East suddenly change their mind later, it does not change the fact that said reports were supplied to Dr.
Summary Of Cobbs V. Cal 3d
793 Words | 4 PagesThe defendant had performed the operation as consented with the plaintiff, only the small chances of the complications had occurred with the spleen injury, the new development of the gastric ulcer which then led to a gastrectomy. The complications were linked to the initial operation. There were in three total experts that testified in the case: the defendant, Dr. Sands, and Dr. Yates, the defendant’s expert. The expert’s conclusions showed that there was no negligence in the due care for the plaintiff. Cobbs was unable to provide any expert but argued to the court that the defendant’s expert facts are incomprehensible to the jury and only indicate the need for the surgery.
HIPAA Case Study Essay
1076 Words | 5 PagesNurses and doctors take the oath to protect the privacy and the confidentiality of patients. Patients and their medical conditions should not be discussed with anyone who is not treating the patient. Electronic health records are held to the same standards as nurses in that information is to be kept between, and shared only with the immediate care team. HIPAA violations are not taken lightly nor are the violation fines cheap. Depending on the violation, a hospital can be fined from $100 to $50,000 per violation (National Nurse 2011 p 23).
The Case Of Tomcik Vs. Ohio Department Of Rehabilitation And Corrections
1253 Words | 6 PagesIn 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).
Julie Thao's Medication Attack Case Study
541 Words | 3 PagesThere 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).
Dr Anna Pou Case Summary
639 Words | 3 PagesIt 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.
Arguments Of Negligence
2253 Words | 10 PagesNegligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property. ELEMENTS OF NEGLIGENCE CLAIMS The definition involves three constituents of negligence: (1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope
Tort Case Study: Health Care Law
1368 Words | 6 PagesProvide 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.
Health Care Stakeholders Analysis
1010 Words | 5 PagesThe facilities enforcing protocols and policies to secure that employees are meeting government regulations. Doctors, nursing staff and support staff I must use their best ethical and moral judge in most case to ensure patients are being retreated. Thus, sometimes causing conflict with health care administration because health care workers sometimes unknowingly break policies or protocol by putting patients first. As well as hospitals and clinics have so many departments that there can be conflict of interest with patient care that can cause inconsistency with patient care (Santilli, J. el al., 2015, Para
Negligence Liability
927 Words | 4 Pages“Breach of duty in negligence liability may be found to exist where the defendant fails to meet the standard of care required by law. Once it has been established that the defendant owed the claimant a duty of care, the claimant must also demonstrate that the defendant was in breach of duty. The test of breach of duty is generally objective, however, there may be slight variations to this”. While using the objective test also referred to as the reasonable man test to determine negligence in breach of duty, the court will decide if the defendant fell below the standard of the reasonable man. The standard of care expected from this hypothetical character is objective; not taking into account the characteristics or weaknesses of the defendant
How Can You File A Lawsuit Against The Hospital For Medical Malpractice?
422 Words | 2 PagesNot Being Seen By Staff Quickly Finally, if you are left waiting for hours in the hospital without being attended to, you can file a lawsuit against the hospital. It is the responsibility of the hospital to ensure that it is well staffed at all times. It is also their responsibility to ensure that patients are seen and attended to in an efficient manner. If you were not seen quickly enough and your condition worsened, the hospital is at
Clinical Negligence In Medical Practice
1947 Words | 8 Pages1. Introduction: Radiologists recently have been advanced because of radiology expanding practices in many sensitive medical cases. Recent charges against radiologists have brought new obligations and liabilities, making them vulnerable to higher degrees of legal cases against them. Negligence legal proceedings in radiology naturally appear as a result of failure to diagnosis or poor consultation and thus failure to react medically in a timely manner.
Principles Of Negligence
752 Words | 4 PagesThe principle of negligence is to determine a guilty party when someone acts in a careless manner and causes injury to another person. Negligence names the careless person legally liable. In order to win, the plaintiff must prove four different elements. The first element that must be proven is Duty of Care. The defendant must have owed the plaintiff legal duty of care.
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