In the case Riser v. American Medical Int'l Inc., Dr. Lang was sued by four siblings for medical malpractice. Their mother at the time was taken to the hospital for impaired circulation in both the arms and legs. She was seen by Dr. Sottiurai who deemed it necessary for her to have a bilateral brachial arteriogram where after talking to her and her family was able to get a consent for the procedure. Not having the capable means to perform the procedure Dr. Sottiurai had her transferred to another hospital and placed her under the care of Dr. Lang. Once there Dr. Lang performed the procedure, but instead of doing the consented procedure he ended up doing a femoral arteriogram that later led to the patient having a seizure and dying.
Law Office of Enter name here 126 Legal Way Huntsville, AL 35759 RE: Forrester v. Mercury Parcel Service and Richard Hart Dear Enter Name, We have been retained by Ann Forrester and her husband William to represent them regarding the accident that involved, Richard Hart, a delivery driver and employee of Mercury Parcel Service Inc. Injuries and Property Damage Richard Hart was driving a Mercury Parcel delivery van in the course of his duties when he struck Mrs. Forrester as she crossed the street with this vehicle on the morning of February 26, 2014. As a result, Mrs. Forrester has sustained permanent and severe injuries from the incident. The injuries that she suffers from are fractures to her left leg, pelvis and hip, concussion, torn
St. 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.
In the court case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, the Employee Retirement Income Security Act of 1974 was used to determine if an employee wrongfully received funds from a third party after receiving funds from the National Elevator Industry Health Benefits plan. In the court case, the petitioner Robert Montanile was driving when he was struck by a drunk driver resulting in Mr. Montanile be severely injured. The health benefit plan paid upwards in of $121,000 in medical expenses for Mr. Montanile. In order to receive such funds, Mr. Montanile was required to sign a reimbursement agreement reaffirming his obligation to reimburse the plan from any recovery he obtained "as a result of any legal action or settlement or otherwise. After exiting the hospital Mr. Monanile sought legal action against the drunk
The Health Insurance Portability and Accountability Act, or HIPAA, was passed by the U.S. Congress and signed by President Bill Clinton in the year 1996. As a broad Congressional attempt at healthcare reform HIPAA was first introduced into Congress as the Kennedy-Kassebaum Bill named after two of its leading sponsors. The law has several different purposes that mainly focus on the protection of the healthcare provider and their patient depending on the circumstances and situations that may typically occur in a medical environment. The act itself was passed with two main objectives.
The federal Health Insurance Portability and Accountability Act also known as HIPAA has set a national standard for the handling of electronically stored medical records. Medical confidentiality protects conversations between a patient and his or her doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. The penalties for violating HIPPA are based on the level of negligence and can range from $100 to $50,000 per violation or per record, with a maximum of $1.5 million per year. Violations can also carry criminal charges that can result in jail time.
However, in the case that a malpractice suit goes to court, victims can only receive compensation from the healthcare professional’s liability insurance if and only if some form of actual medical error was made and if said error has been documented or is physically provable in some way, which can be extremely difficult and perhaps even impossible under certain
Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.
The purpose of the HIPAA transactions and code set standards is to simplify the processes and decrease the costs associated with payment for health care services. The transactions and code set standards apply to patient-identifiable health information transmitted electronically. Physician practices will continue to be able to submit paper claims. When the regulations take effect in October 2002, standard formats and code sets will take the place of any payer-specific or location-specific formats or requirements. ICD-9-CM Volume 1 and 2: Diagnosis Coding - ICD-9-CM is used to code and classify morbidity data from the inpatient and outpatient records, physician offices, and most National Center for Health Statistics (NCHS) surveys.
According to Furrow et al. (2013), when healthcare organizations and providers fail to comply with HIPAA rules it can result in civil and criminal penalties. The AARA created a structure of four tiers of civil penalties for HIPAA violations, which the Secretary of the DHHS has discretion in determining the penalty. For example, tier 1 penalties apply to violations due to reasonable cause and not due to willful neglect. In other words, the healthcare organization is unaware of the HIPAA violation.
________ Foreman, Dr. Richard Nelson, and Dr. Joshua Halpern before I cancelled my scheduled surgery; Halpern was able to reschedule another patient to undergo surgery during my scheduled surgery time and Halpern received the sum of $5,800.00 from that patient; I rejected my opportunity to reschedule my surgery; and I am not entitled to receive any amounts from any of the Halpern Parties other than the $5,800.00 payment described in this
Cerebral Vascular Accident Case Argument for Social Security Disability Income Determination I evaluated the following case study from Medical, Psychosocial and Vocational Aspects of Disabilities the fourth edition, Brodwin, Siu, Howard, Brodwin, & Du (2014) and presented a case argument including a vocational argument in favor of La Shaun Jackson’s award for Social Security Disability Income (SSDI). “La Shaun Jackson is a 59-year old African American widow with an adopted 15-year old boy who has a record of substance abuse and juvenile delinquency. She has worked as a Claims Processor for the Internal Revenue Service (IRS) in Fresno, California for over five years. Prior to returning to school to earn her Associates of Arts Degree in accounting,
“Medical malpractice claims and lawsuits deal with Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law. Since the 1970s, medical malpractice has been a controversial social issue. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence and of policing the medical profession. A person who alleges negligent medical malpractice
Some of the ways people get mistreated is things like misdiagnosis, unnecessary surgeries, premature discharge, not ordering the correct tests or not acting upon tests presented, not following up, wrong dosage or medication, leaving things inside the body after surgery, incorrect care in hospitals resulting in bedsores, persistent pain, or pressure ulcers (medicalnewstoday.com). Any of these or more can cause someone to want compensation, however some people don’t gain the money they deserve thanks to the fact that they either don’t have the money to go to court, wait too long, or don’t realize till it’s too late and the statute of limitations is up. Other times when they are brave enough making it to court they need a testimony from a medical personnel, however, they can’t find someone to testify (abpla.org). Usually most people don’t end up making it to court on the grounds that lawyers are expensive and the legal system can take a while, on the other hand, when a malpractice lawsuit is awarded there’s a great deal of money that the hospital’s insurance or the doctor’s insurance has to pay, the payment could be anywhere from hundreds to millions of
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.