The case of Riser v. American Medical Int’l, Inc. is about a malpractice action brought on by the children of patient Mrs. Riser claiming that their mothers death was a result of a medical error in which death occurred in performing a procedure on the wrong location. The procedure that should have been performed was a bilateral brachial arteriogram and what was alternately performed was a femoral arteriogram. The patient, Mrs. Riser had many previous health issues which included diabetes, end stage renal failure, and arteriosclerosis. She was experiencing decreased circulation in her lower arms and legs therefore she was admitted to the hospital. Her doctor, Dr. Sottiurai had ordered her to have bilateral arteriograms to see what could be the cause of the poor circulation. The hospital that Dr. Sottiurai was located were unable to perform the procedure, so she was transferred to another hospital under another doctor by the name of Dr. Lang who performed the procedure on the incorrect location, the procedure was performed on the thigh instead of the elbows. The procedure seemed to go well, however shortly after her procedure her condition started to deteriorate and ultimately she suffered from a stroke 11 days after and passed away. Her children filed a lawsuit claiming that the incorrect procedure was performed and that the patient had not consented to …show more content…
Riser overall. Utilitarian ethics is the belief that an action (for example the procedure) would have had worth, benefited or maximized utility. The standard of care was not followed; Mrs. Riser should have been given more information about the different treatment options available and proper consent should have also been given as to the correct procedure. It was later discovered that this procedure was not the best option given the patients previous health issues and Dr. Lang pressed for the femoral
In the case of Abbott Laboratories v. Portland Retail Druggists, the respondent brought an antitrust action against Abbott Laboratories claiming that they had violated the Robinson-Patman Act. The pharmaceutical manufacturers had sold drugs to not-for-profit hospitals at lower prices then to the commercial pharmacies (Showalter, pg 452). The Robinson-Patman Act of 1936, which was an amendment to the Clayton Antitrust Act (Elfand, n.d.), had made it unlawful to discriminate by placing a pricing difference between buyers of similar goods, when “the effect of such discrimination may be substantially to lessen competition” (Abbott Laboratories v. Portland Retail Druggists, 1976). As the petitioners, Abbott Laboratories claimed that the price
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.
He recommended Drs. Gleiberman, Halbridge, and Suzuki. I would not recommend the use of an Agreed Medical Examiner. It does not appear that we will be able to settle this case without going to an independent doctor. I would recommend a panel qualified medical examination after the next deposition.
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.
An EMTALA Case Mary Carnahan HA 301 Legal Aspects Legislation in Health Care March 17, 2016 Introduction This research paper is about a case law for a federal appellate circuit for an EMTALA case. Describe the case and the EMTALA requirement(s) at issue. How does it relate to the professional standards a medical professional must follow?
Evans and the Ohio Department of Corrections failed Tomcik in applying basic ethical theories. Normative and applied ethics were not followed because the minimal standard of care in this case called for palpitation of the breasts, which was not done. If the physician knew that palpitation of the side of Tomcik’s breasts was the correct minimal procedure to detect cancer and he did not complete it, he failed to apply the theory of how he should behave. Deontological ethics were failed as the doctor was duty-bound to “do no harm or injustice”. (Greek Medicine, 2012)
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.
After reading this case I was terribly shocked about the fact that something like this could happen in our medical history. I couldn’t believe how a patient could be neglected so much. Based on the material that we have learned the lack of ethical theory of deontology in Dr. Evan was disturbing. As a doctor Dr. Evan’s role is to care for patients, keep them away from harm and prolong their life. Though in the trial he stated as if he didn’t care.
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.
Kenneth was found to not have this illness after examination but was the examination correct with its findings. Kenneth claimed to have been lying about having the illness after
The practice of health care includes many scenarios that have to do with making adequate decisions when it comes to a patient’s life, and the way they are treated. Having an ethical code in all health care organizations is very important, because it helps health care workers with reaching a suited and ethical decision when it comes to the patient. In health care, patient will always be put first, and their autonomy will always be respected. Nevertheless, when there is a situation where a patient might be in harm, or might be making their condition worse because of the decisions they made. Health care workers will always be there to
Medical Malpractice Everyone makes mistakes, but some are more deadly than others. Malpractice is the illegal or negligence, professional activity or they’re working out of the their scope of practice. Medical malpractice is one of the top causes of death in the United States. With this being said, insurance for medical practitioners would be considerably higher.
“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
1. 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.
Utilitarianism is a teleological ethical theory based on the idea that an action is moral if it causes the greatest amount of happiness for the greatest number of people. The theory is concerned with predicted consequences or outcomes of a situation rather than focusing on what is done to get to the outcome. There are many forms of utilitarianism, having been introduced by Jeremy Bentham (act utilitarianism), and later being updated by scholars such as J.S. Mill (rule utilitarianism) and Peter Singer (preference utilitarianism). When referring to issues of business ethics, utilitarianism can allow companies to decide what to do in a given situation based on a simple calculation. Many people would agree that this idea of promoting goodness