The case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.
Rosario”). However, the district court decided that the plaintiff violated the “Confidentiality Act,” which “permits disclosure of confidential communications of a minor between the ages of twelve and eighteen if…the therapist finds disclosure to be in the best interest of the minor” (“Dr. Rosario”). The courts also determined that he violated “The Reporting Act,” which requires school personnel to immediately report suspected child abuse to authorities (“Pesce v. J”). Dr. Pesce also violated the J. Sterling Morton High School District Employment Contract by not promptly reporting the incident, and therefore, putting J.D. in danger. In addition, the courts decided that Pesce’s rights were not violated (“Dr. Rosario”).
Henderson, acted with another to injure the Plaintiff, in attempt to steal his property. This case differs from ours in a few ways, the first being that the Defendant was acting alone in our case, in contrast to the Defendant working with another individual. People v. Henderson, 708 N.E.2d 165 (N.Y. 1999). The Defendant was had also attacked the Plaintiff not out of anger, but rather it was a “spearhead of a concerted physical attack aimed at forcefully taking the victim’s property”.
In contrast, Eramo immediately took action in Jackie’s case and arranged meetings with the victim and the Charlottesville Police Department to make the rapist accountable for their actions. In result, Jackie did not want to cooperate with law enforcement in describing the rape or give any names of the men involved – which concluded to no official police report. ISSUE Eramo had to prove that the defendant’s, the Rolling Stone and Erdely’s information in the article was actual malice. COURT’S
The gentleman was a victim of a violent assault a few hours earlier. The gentleman’s family sued the hospital for violating EMTALA (Emergency Medical Treatment and Active Labor Act) provisions that require an appropriate medical screening exam of all Emergency Room patients. What did you learn from the case? All patients in the emergency department should be given the same appropriate medical examinations and services to detect an emergency medical condition.
The complete lack of respect for the Hospital, the Hospital’s counsel, this Court, and the Rules of Civil Procedure shown by blatantly ignoring valid discovery requests for more than six months and this Court’s Order for more than two months indicate a willful disregard that require sanctions. Accordingly, the sanctions sought by the Hospital are necessary and are not excessive. Indeed, the Hospital requests that the Court give Defendant one more chance to meet his discovery obligations and comply with an order of this Court before the imposition of a default judgment in the Hospital’s favor.
The conduct of the defendant’s in the 1971 Washington Court of appeals case, State v. Williams, while neither advisable nor necessarily admirable, was justified given their valid concerns about losing possibly losing custody of their son if they sought medical help due to their Native American heritage. Walter Williams and Bernice Williams made the fateful decision to not take their 17-month old son, who was thought to only have minor tooth-ache, to the hospital due to concerns that such hospital visit would result in them losing custody of their son. Unfortunately, for the co-defendants, their son’s illness was much more severe than initially thought and their decision not to seek care resulted in both the son’s death and a manslaughter conviction
Although many may argue that the accusations presented by the plaintiffs seemed quite plausible, further investigation proved many such claims to be false. For example, although Price and Bates accused the young African-American men of raping them on the freight train, “the Scottsboro doctor who examined the girls less than two hours after the alleged rapes […] was able to show on cross examination that the girls were both calm, composed, and free of bleeding and vaginal damage” (Linder). The fact that a certified doctor was able to prove that the young women were virtually unhurt after the supposed rapes shows that the girls were lying to the court. Although their claims made sense to the prejudiced judicial system, Price and Bates were simply using their positions in society as young white women to gain unwarranted sympathy from the all-white jury. Because scientific evidence was able to contradict the prosecution’s allegations, it was evident that false accusations were being made by the plaintiffs.
when Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional
A case where Collins mentioned about a lawyer that the lawyer had kidney disease and his days
Main issue: Did Bozeman have knowledge of the harassment, and should Bozeman’s knowledge of McLeod’s harassment of Williamson be imputed to the City for purposes of holding that it knew or should have known of the harassment and therefore can be held liable for negligently failing to take prompt remedial action? 6. Court Deciding: United States Court of Appeals, Fifth Circuit 7. Decision: The decision of the District Court was affirmed.
Dr. Keith requested a mental health evaluation on a Mr. Alewine. He is a 28 year old male who presented to the ED via EMS for chest pains, suicidal ideation, and symptoms of psychosis. Mr. Alewine reported arriving in Siler City from Tennessee after a 16 hour bus trip. He reports after his 16 hour trip, he went to a mechanic shop to call 911 for chest pain and suicidal ideation without a plan after stressing about having a place to stake for a few days. Per documentation Mr. Alewine was asked about current chest pain on a scale of 1 to 10, he reports a 1.
It 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.
In 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