Keshia Warnken Case Project Professor Howard Hammer Case Project Part One- Table Part Two Theories Negligence/Hospital Negligence Negligence is a tort. “Tort” means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another (Ind. Ann. Code $ 34-18-2-28).Negligence is defined as a failure to exercise that degree of care that a person of ordinary prudence would exercise under like circumstances; or as conduct that creates an undue risk of harm to others; the negligence theory of liability protects interests related to safety or freedom from physical harm(21 Ind. Law Encyc.
Organizational Disconnect: The Real Cost of Workplace Bullying in Healthcare Suzanne Johnston Loyola University Abstract While workplace bullying in healthcare is being recognized worldwide, there still exists a code of silence in many organizations throughout the United States. Inaction by an employee who witnesses a co-worker being abused tends to perpetuate the underreporting of such a costly phenomenon. A bullying culture within an organization can be costly, not only for the victim, but also for the health and welfare of other employees and the delivery of patient care (Gaffney, DeMarco, Hofmeyer, Vessey & Budin, 2012). The costs of bullying are injurious to an organization’s
There are many professional regulations and criminal liabilities defined in the health care industry. Acts and behaviors set as professional misconduct for physicians are placed for them to be aware of what situations may fall in these categories. The most common acts and behaviors reported as misconduct fit under groups such as negligence, incompetence, impairment, sexual abuse, and fraud (Jung, Lurie, & Wolfe, 2006). Medical misconduct is an issue faced by many physicians. This is an important aspect for physicians to understand because medical misconduct may prove to be detrimental to their career.
The Neighborhood: Negligence Article in Newspaper In Season 3, Episode 7 of the Neighborhood, the Neighborhood newspaper reported that a 62-year old patient at Neighborhood Hospital had the wrong leg amputated. The newspaper referred to this tragic incident as “negligence” and mentioned “complaints of poor treatment, union problems, and nursing shortages,” implying that these may have attributed to the cause of the error (The Neighborhood, 2008-2014). This paper will discuss the differences between negligence, gross negligence, and malpractice, as well as the impact these issues have on ethics and the documentation necessary to satisfy legal requirements. Categories of Negligence Oliver Wendell Holmes, Jr., the great Supreme Court Justice, wrote, “Even a dog distinguishes between being stumbled over and being kicked” (Holmes, 1909, p. 3). The distinctions between errors, negligent errors and gross negligence have much in common with this quip.
This paper will be discussing the facts of a patient involved in an intentional tort, how the injury occurred, and how it could have been prevented. Walking into a hospital no one would expect to be victims of an intentional tort. According to Duhaime (2002), an intentional tort is evidence of intent to cause harm on another, such as battery, trespass, false imprisonment, private nuisance, defamation or invasion of privacy. The particular intentional tort that will be addressed in this paper will be a case involving medical battery involving the death of the patient. People may become confused upon what battery means.
Medlantic filed a motion for judgment arguing that Doe’s claims were barred by the statute of limitations. The trial court granted Medlantic’s motion and Doe appealed ("Doe v. Medlantic Health," 2012). I personally believe that the patient’s confidentiality was violated. He went to a well known facility to obtain medical attention for a health condition he had and had faith that his personal information would remain private. No matter what Tijuana’s job was at the hospital, she went into personal, confidential records and obtained damaging information.
Laura Satterfield Professor Gregory Hagan English 101 15 November 2009 Public and Medical Community The Right to Die Physician assisted suicide or euthanasia should be a right granted to all terminally ill patients. Although there are many debates opposing the viewpoint on assisted suicide, it should not be up to ethicists to make decisions between life and death, but to the terminally ill patient. It should be recognized that “patients have a right to make their own decisions to preserve free choice and human dignity: this right includes the right to choose assisted suicide” (Ersek 48) Also, having the access of physician assisted suicide allows the patient to maintain control over the situation and to end life in a merciful manner.
Tortious claims against A&E doctor Introduction The Accident and Emergency (A&E) doctor may face liability for Flynn’s lost of sight under medical negligence if it is proven that the doctor owes a duty of care (Doc) towards Flynn, which he had breached and it is that breach which caused the damage, factually and legally. a) Duty of Care Being a doctor, there is sufficiently close doctor-patient relationship between the doctor and Flynn and this clearly shows that a DoC is owed by the doctor. It is also reasonably foreseeable that as a doctor who fails to treat a patient’s pain could cause him problems as he sends Flynn off without even know the base to the headache. The doctor may argue that he discharged his duties by advising them consult his paediatrician but this cannot be accepted as he came up to this conclusion without any evidence or reasons to support his advice. Merely reading the record does not prove that he had done sufficient examination on Flynn and there is no medical guide proving that such splitting headache are cause by the cerebral
Course Project Part III: Physician Practice Lynn Strain IS 566 Informatics and Applications in Healthcare Dr. Alexandro Veletsos June 13, 2011 Abstract The time has come to change the focus of healthcare to the person in need of care instead of on the failing business of healthcare. Perhaps one of the most devastating healthcare concerns is the controversy over the lack of consistency and standardization of physician practice that has negatively impacted patient outcomes. The reason for this variation is because different physicians treat patients with the same diagnosis in very different ways. Variation leads to unnecessary, inappropriate care that is costly and ineffective (Coady, 2002). In the midst of care concerns, despite cultural
In a situation where my loved one was terminally ill and was destine to remain in pain I would understand his desire to enact a DNR, passive euthanasia. After looking at this throughout the country and in a few other countries, it is coming more and more common for a DNR to exist. I am not convinced that active euthanasia is in compliance with the present Ethical Standards of current healthcare professional organizations like Healthcare and Human Services. Whereas it was often used in ancient times by Romans and Greeks, more current times of American Indians it is no longer ethically correct to actively end one life by use of drugs, but, we have evolved in our culture that passive euthanasia is acceptable. Laws or statures are even in place in most states to allow one to control their destiny.