Tort Case Study: Health Care Law

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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. Multiple nurses were involved in the care of Ms. Gadner.
Ms. Gadner died due to treatable shock. Due to substandard care received by Ms. Gadner, there is potential cause for her estate to sue. In this case study, the details of care provided, possible defendants, legal theories
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Missed identification of shock symptoms in Ms. Gadner
2. IV infiltration being missed resulting in her not receiving fluid ordered
3. “Scanty documentation” depriving the physician of information on Ms. Gadner’s current condition
4. Administration of valium and morphine, contraindicated in shock, nursing not questioning the order
5. Didn’t communicate need for transfer to Dr. Dick. 1. Education to nursing staff who cared for Ms. Gadner on shock symptoms
2. Review with nurse Gilbert identification and treatment of infiltrated IV
3. Educate nursing staff who cared for Ms. Gadner on importance of documentation and updating of physicians of patient’s current condition.
4. Review with nurse Gilbert why valium and morphine are contraindicated in shock and her duty to identify this and speak up
5. Review with nurse Gilbert her duty to speak up regarding a need for a transfer of patient to Dr. Dick 1. Complete a root cause analysis identifying breakdowns in processes that directly resulted in the negligent acts by nursing, if any. Implement action plans to correct any process issues identified. Complete any additional individual nurse follow up identified, as needed, outside of short-term action
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Provide an in-service to all nursing staff on IV infiltration identification and importance of treating, importance of accurate and timely documentation, importance of communication to providers, medications contraindicated in shock, and the duty of a nurse to speak up on behalf of a patient.

Defendant Possible Legal Theory of Liability Actions Resulting in Possible Liability Short-Term Corrective Action Long-Term Corrective Action
Dr. Moon Negligence Liability Actions that lend to a possible general negligence liability claim include:
1. Failed to follow Bay Hospital policy and procedure on evaluating staff prior to hiring which would have ensured Dr. Dick was trained, had the expertise, and demonstrated competence to provide care in the ED. 1. Review of the policy with Dr. Moon
2. Partner with Dr. Moon to identify any additional deficiencies in the credentialing process for physicians and APPs 1. Review policy to ensure it is current, accurate, and contains necessary content.
2. Establish a double check system in which credentialing is verified by more than just Dr. Moon

Defendant Possible Legal Theory of Liability Actions Resulting in Possible Liability Short-Term Corrective Action Long-Term Corrective

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