4 D's In Health Care Case Study
He was not a licensed or trained orthodontist for him to be able to perform any operation on the patients, which is a perfect example of the derelictions and the duty of the D’s. The four D’s consists of Duty, Dereliction, Direct cause, and Damages. Duty - when a health care provider found guilty of negligence owed a duty care to the accuser. Dereliction is when the person in charge violates the duty of care to the patient. Direct cause occurs when there is a failure to deliver the proper care that results in injuries to a patient. Damages are the actual result of the improper care that follows with an injury to another. The dentist duty was to make sure these children received the best care that they paid for, but he failed to deliver that so he owed them an explanation in court. …show more content…
The Direct Cause which occurs, in this case, was the fact that the dentist was not trained enough to perform these kinds of procedures on these poor little kids, as a result, he made the matter worse instead of making it better. Follow with the damages that he cause to those little children’ health which will cause a lot more to fix and unsatisfied patients that had received the damages. The dentist was well aware of what he was doing, instead of helping these children he ended up hurting them in the
Cleveland V. Perry: A Case Study
1223 Words | 5 Pages“To prove the causation element, the injured plaintiff must show a direct relationship between the alleged misconduct and the injury sustained from the misconduct.” (Morissette, 2014) Tammy Cleveland can show a legally sufficient relationship between the breach of duty and the injury that is is referred to as proximate causation. But for the fact Dr. Perry refused to check the vitals of Michael Cleveland he misdiagnosed him, which in turn caused his death. Dr. Perry can also be charged with negligence per se for “failing to obey the statute and adhering the standard of care expected of him as a doctor”. (Dudzik, 2015) He neglected his patient and the pleas from his family, ultimately shortening his life.
Kent Carey Case
437 Words | 2 PagesIn order to maintain a claim regarding medical malpractice, a plaintiff must show 1) a duty owed to the plaintiff by the defendant (inherent, voluntary, or statutory) 2) a breach of the duty by allowing the conduct to fall below the standard of care, and 3) a compensable injury proximately caused by the defendant’s breach of duty. Carey was able to establish an inherent duty was owed to him by Connelly but was not able to provide evidence to support his claim about the breach of duty by conduct or that his injury was caused solely by the conduct of
D. R.: Case Study
812 Words | 4 PagesIn re D.R., 2014-Ohio-832 Court That Heard The Case: Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County Facts of the Case: On February 23, 2013, at approximately 11 p.m., D.R. broke into the home of Mr. Ted Ziolkowski carrying a loaded gun. The juvenile gained entry into the home by prying open the rear door with a pry bar and a screwdriver. Home alone, Ziolkowski heard someone at his back door and the sound of wood falling hitting the ground. As Ziolkowski eased towards the door to see what was going on the door flew open. Ziolkowski shot the intruder.
Cause Of Injustice In Cal's Case
859 Words | 4 PagesWhen the doctor left the piece of metal in his leg, and then had removed it is proof that the doctor breached his legal duty. There is causation because doctor instead of making Cal feels less pain, does the complete opposite. Also he can sue Abe, for minor injuries to his head and for being the cause of the first accident. It was Abe duty, to safely transport Cal. Like Abe, was driving it
What Is The Most Controversial Part Of The Children's Crusade
536 Words | 3 PagesThis led to the death of many young children in
Child Abuse Annotated Bibliography
776 Words | 4 PagesAccording to Jenny’s book, she focuses on the medical factors and process to help account for child maltreatment. First, she focuses on the practitioner’s needs to concentrate on the minor and major signs and symptoms of abuse, and if there is any of the child’s welfare services needs to be informed. Moreover, the doctors need to administer the perfect treatment for the kid, and also without the presence of the parents or guardians. Also, there is to be a thorough investigation of the offender's historical activities, for example, his or her religious beliefs, sexual patterns, and biomechanics syndromes. Finally, the only option for the medical attendants’ needs to do after gathering such evidence is to submit them to the American Board of Pediatrics to await
The Compensatory Damages: The Hot Coffee Case
143 Words | 1 PagesPunitive Damages: Punitive damages are very rare and they have a specific purpose which is to change the behavior of the wrongdoer. This are awarded in addition to actual damages and are considered as a punishment for the defendant. In fact, one of the jurors of the documentary claimed that punitive damages are “the only way you can get the attention of a big company.” So, with the punitive damages the jury is trying to set a public example to others for malicious, negligent, violent acts. Compensatory Damages: This refers to the sum of money that is awarded to the plaintiff, this money indemnify him/her for the injury suffered, loss or detriment.
Summary Of Tomcik V. Ohio Department Of Rehabilitation
1010 Words | 5 PagesThe court found the “Defendant's care of Claimant fell below acceptable standards of practice” (Stashenko, 2015). In 2009 a former inmate of the Hawaii corrections department was awarded close to $1 million in damages for an incident in 2003, in which the physician’s failure to give the correct type and dosage of antibiotic for an infection in his scrotum. This resulted in 6 subsequent surgeries and the removal of his scrotum, rendering him
Ricardo Negligence Case Summary
540 Words | 3 PagesNegligence is defined as the failure of a person to use reasonable care that may result in the harm of another person. In the case involving Paula and Ricardo negligence can be seen. The person responsible for negligence in this situation is Ricardo and Dean. As an employee Ricardo is expected to follow the rules and procedures associated with his job. As a person working with harmful chemicals, Ricardo is expected wear the proper safety equipment to prevent harm to himself.
Tomcik Case Study
785 Words | 4 PagesThe caregivers lacked commitment, compassion, conscientiousness, fairness and honesty, and if they had taken their jobs seriously probably Tomcik wouldn’t have suffered as much. Trial began on July 22, 1991 and the decision was made on October 7, 1991. Tomcik’s total damage came out to be $85,000 according to the text. The defendants were proven wrong and they were charged. The court did the right thing, but I think a stricter action should have been taken against the defendants.
Negligence In Health Care
673 Words | 3 PagesMoreover, 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,
Elderly Abuse Case Study
670 Words | 3 PagesIn the case of Awkerman v. Tri-County Orthopedic Group, a mother and child filed a suit because of incorrect diagnoses that showed child abuse instead of Osteogenesis Imperfecta. The court, therefore, held that damages could not be recovered from medical malpractice that was a result of failure to diagnose because all evidence of negligence was evident at the time of treatment (Pozgar, 2005,
How Did Oj Simpson Get Off On Murder With Actual Evidence Of Blood
1042 Words | 5 PagesThe victims' families were awarded $33.5 million in compensatory and punitive damages, thereby finding Simpson "responsible" for the respective
Tort Case Study: Health Care Law
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Tort Of Negligence Essay
1154 Words | 5 PagesTort of negligence is the failure to act as a reasonable person to exercise the standard of care required by the law and resulting in damage to the party to whom the duty was owed. To prove negligence, the claimant must show that the defendant causing the damage was not only the actual cause of damage. He also show that the proximate cause of the damage. Proximity is the legal relationship between the parties from which the law will attribute a duty of care. And to prove negligence the type of the damage that occurred must have been foreseeable.
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