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 …show more content…
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 …show more content…
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
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.
On April 3, 2015, Tammy Cleveland sued Gregory C. Perry, a doctor at Buffalo General and Kaleida Health the company that owns both hospitals involved in the death of her husband, Michael Cleveland. Tammy is accusing them of “negligent” care resulting in her husband’s death. The law suit claims that the “defendants’ alleged actions and/or inactions were morally culpable, actuated by evil and reprehensible motives, malicious, reckless, gross, wanton and/or in reckless disregard for her husband’s rights and her family’s rights.” (Dudzik, 2015) The defendants are contesting the case. Michael Cleveland had a heart attack on October 10, 2014, and was transported to the emergency room of DeGraff Memorial Hospital.
Liability Issues Primarily, Caring Memorial Hospital will be held liable in this malpractice case under the premise of respondeat superior. “Under respondeat superior an employer is liable for the negligent act or omission of any employee acting within the course and scope of his employment” (Thornton, 2010, para. 2). The risk manager Susan Post, JD and the quality assurance director Amy Green were both aware of the potential for increased risk on the Oncology unit. They had been making observations several months prior to incident that related to deficiencies in staffing and safety standards. Per, ASCO and ONS (2012) new staff are required to demonstrate competency and receive comprehensive chemotherapy education.
Introduction A case was reported in the California civil courts where Dawn Diaz sustained injuries after she was hit by a car that geared of the freeway after colliding with a truck. Diaz sued Karen Tagliaferri, the car driver and Jose Carcamo the truck driver, working for Sugar Transport for the damages. Besides, Carcamo’s employer was also sued on the basis that the employer was vicariously liable for the damages, and the company was negligent for hiring and retaining Carcamo. The jury ruled that the defendant was guilty and would meet a fee of $22,566,373 for damages sustained by Diaz and fault was apportioned to Tagliaferri, Carcamo, and Sugar Transport Company.
It is interesting the different cases that can be presented at a board meeting from practicing without a license to malpractice. It is also hard to be a board member, I would assume, because they get multiple stories and excuses and sometimes it can be hard to determine the best course of action. Take for example a case that was discussed at the September 2015 board meeting. A hygienist received two extensions, one till 02/15/2015 and one till 06/22/2015. This hygienist had also received prior extensions in the past.
Giarmo to Randolph Hospital. Dr. Giarmo was called and asked what information she could share with TACT about patient. Dr. Giarmo reports that she had completed an assessment earlier during the day and left nursing staff her contacted information for for hospital staff to ask questions. Dr. Giarmo expressed Dr. Giarmo reports that the patient has experience the loss of her mother a year ago, the patient sister is name Donna and brother is David. After this information was given, Dr. Giarmo ask for my credentials, which were given, then reports that she did not agree with TACT assessing patient at this time, she refuses to share anymore information due to the fact she sign a release to Randolph Hospital and not TACT, and that TACT should not assess the patient because her condition is due to a medical problems.
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.
There were specific situations that led to the cause of Julie Thao's actions of medication error and the death of Jasmine. The situation could have completely been avoided had Julie followed the code of ethics and avoided shorts to provide proper care for the patient. The state claimed that Thao's mistake was caused by actions, omissions and unapproved shortcuts, however, there were other factors that played a role in her carelessness as well. While failure to comply with procedure has been a factor in the medication administration error, other factors contributed as well. For example, failure to properly use the information system, or to ignore alerts or warnings have also resulted in preventable errors (Nelson, Evan, & Gardener, 2005).
The court found the “Defendant's care of Claimant fell below acceptable standards of practice” (Stashenko, 2015). In 2009 a former inmate of the Hawaii corrections department was awarded close to $1 million in damages for an incident in 2003, in which the physician’s failure to give the correct type and dosage of antibiotic for an infection in his scrotum. This resulted in 6 subsequent surgeries and the removal of his scrotum, rendering him
Chanel then proceeded to sue Dr. Takla, Dr. Mohammad Rahman, the pediatric emergency room attending physician on duty; Darryl Coach; a social worker for Brookdale; and Brookdale. Although Chanel made several claims, the only claims that were actually relevant to her case and situation were as follows: medical malpractice case against Dr. Takla, Dr. Lewis, and Dr. Rahman; violation of New York Public Health Law 2805, which is just stating that a healthcare provider must obtain informed consent before performing a medical procedure, or else they can be held liable; Direct and vicarious hospital negligence; and finally, battery against Dr. Takla and Dr. Lewis. Although the plaintiff’s complaint contained a vicarious liability claim against Brookdale, the Armstrong jury was not charged that it could find the hospital negligent on a vicarious liability theory. The court, instead, told the jury that the plaintiff’s theory of negligence was that the hospital had an absence of proper written policies of procedures, poor training, and lack of experience in the emergency room staff. The plaintiffs also claimed the hospital failed to require its staff to follow well-recognized and established administrative regulations and hospital procedures.
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.
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.
When looking at medical malpractice lawsuits, they can be classified into a civil or a criminal case. A bill could include the limitation of civil cases, not criminal (Leonard). A bill like this would eliminate the unnecessary lawsuits and focus on cases that involve criminal charges. There is a major difference between civil and criminal cases. Civil lawsuits are based on precedents and principles; does not have written codes and penalties (Kowalczyk, Donnett 65).
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
A doctor can be held liable for negligence only if one can prove that she/ he is guilty of a failure that no doctor with ordinary skills would be guilty of if acting with reasonable care. An error of judgment constitutes negligence only if a reasonably competent professional with the standard skills that the defendant professes to have, and acting with ordinary care, would not have made the same