In regards to case ‘The Court Was Appalled’, I have to agree with the ruling of the court’s decision. The physicians’ obligation to properly examine his patients such as in the case of Tomick’s breast the first time was complete negligence. The physician did not complete a thorough examination, and then the patient had to wait months to be reevaluated again. The Ohio Court of Appeals made the right decision in favoring the patient. If the proper care was given early on the mass size potentially could have been prevented. This patient was not treated with the ethical respectany patient should receive when seeking help/treatment. It is very alarming that a physician whose job is to take care of other humans would disregard giving a proper
During the 1950s, matters regarding informed consent practices were in their beginning stages of implementation. The first direct violation of ethical principles with Lacks was the breach of autonomy. During her treatment at Johns Hopkins hospital in 1951, she had been informed her diagnosis was indeed cancer. Her
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. While her actions might not be seen as the best decision, she made one and did her best to make the rightful one under such poor circumstances that were out of her control.
This piece of the novel is extremely important. It shows the reality of the situation. It is important to the readers to understand that every family has flaws. Capote goes on about how loved and cherish the Clutter’s are and how well known they are. It proves to society that even the most popular, the richest, the luckiest, and the prettiest people out there do not have perfect lives.This piece of literature is filled with irony. Verbal, dramatic and situational irony can all be found throughout the novel. Dramatic irony is especially found in the lines “Tonight, having dried and brushed her hair and bound it in a gauzy bandanna, she set out the clothes she intended to wear to church the next morning: nylons, black pumps, a red velveteen dress- her
“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 must
Each day, the safety and well-being of children across the Nation are threatened by child abuse and neglect. Intervening effectively in the lives of these children and their families are not the sole responsibility of any agency, but rather the safety and the care of the children in need. Child Protective Services (CPS) was created by law to make sure children are safe and to help families create a safe environment for their children. When investigating a report of abuse or neglect, CPS seeks active involvement from the children’s parents and other family members to help solve issues that lead to abuse or neglect. The objective of CPS is to reunify parents and children whenever possible, and if reunification is not possible, CPS will seek to
In September of 1961, a woman from District of Columbia had an intruder break into her apartment. While the invader of the home was there, they had taken her wallet, and also raped the woman. During the investigation of the crime, the police had found some latent fingerprints in the apartment. The police then established and processed the prints. The prints were then connected back to 16 year old Morris A. Kent. The prints the connected back to when Kent was first entering the system back in 1959 for his earlier crimes. Kent at this time had already been on probation due to crimes committed two years prior to this case. Morris Kent at the age of 14, had first come into contact with breaking the law when he was placed on probation for breaking
In the ethics case Darling v. Charleston Community Memorial Hospital “the patient in question sustained a fractured leg during a football game and was taken to Charleston Community Memorial Hospital for treatment (Rose 121). This patient ended up having his leg amputated due to complications that arose from a bad casting. During this historical Illinois Supreme Court case ethics were broken and someone lost their leg. The person or group who failed to act ethically would have been the physician and the nurses who cared for him. Why would he have to have his leg removed if they didn’t do it right the first time? That is the question. The bandages may not have been sanitary or sterile meaning that a strain of bacteria could have infected the wound. The bandages could also have been
The Terri Schiavo case was a huge start of the “Right to Die” movement, the underlying cause of Schiavo’s collapse was never given a diagnosis. Consequentialist moral theories focus on how much good can result from an action. Non Consequentialist moral theories or Deontological theories, consider not the consequences of an action but whether they fulfill a duty. Some theories that can be used include utilitarianism, Kant’s ethics and natural law theory. Being aware of the case already, I believe there should be some sort of law that gives doctors to comply with the wishes of the patient if they are in a lot of distress.
Colin Newmark was diagnosed with cancer. The cancer was life threatening. His parents were Christian Scientists and refused to consent for chemotherapy for Colin. Their refusal was protected under State Law as it exempted parents from the neglect and abuse statutes if the refusal was supported by medical reasons. The plaintiff, Child Protective Services petitioned to continue treatment for Colin.
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? What did you learn from the case? What lesson learned can help future medical/legal professionals?
In the case of Henrietta Lacks and her family, the mistreatment of doctors and lack of informed consent defined nearly 60 years of the family’s history. Henrietta Lacks and her children had little to no information about serious medical procedures and the use of Henrietta’s cells in research. Henrietta’s cells launched a multibillion-dollar industry without her consent and doctors even took advantage of her children’s lack of education to continue their research without questions: “[Doctor] did not explain why he was having someone draw blood from Deborah… he wrote a phone number and told her to use it for making more appointments to give more blood” (188). Deborah did not have the knowledge to understand the demands or requests the doctors made of her, and the doctors did not inform her explicitly. Skloot showed that the lack of consent and uninformed patients, by the use of logical conventions, not only ran through the family’s history but still occurred to them
The misdiagnosis of a patient is an occurrence that happens quite frequently within clinical practice for various reasons. Many times these misdiagnoses are due to unintentional errors. However, there are times when practitioners intentionally misdiagnosis patients (Kirk and Kutchins, 1988). Deliberate acts of misdiagnosis exist that are universally viewed as being unethical such as blatant use of fraud or abuse. However, there are forms of deliberate misdiagnosis that are viewed less objectively, and are often justified as being in the best interest of the client. The inclination to justify the use of misdiagnosis is often intensified for clinicians due to internal and external
The supreme decision regarding health care in prison is Estelle v. Gamble in 1976. J.W. Gamble was a state prisoner within the Texas Department of Corrections who injured his back when a cotton bale fell on him. Over the next three months, he complained of back and chest pains, was subject to administrative segregation for refusing to work because of continuing pains, he was twice refuse permission to see a doctor. So Gamble filed his complain in court, under section 1983, claim and unusual punishment in his medical care. In that case, the Supreme Court held that prison staff (whether doctors or ofﬁcers or any others) violated the Eighth Amendment if they were deliberately indifferent to the serious medical needs of prisoners.
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