Apparent Authority : Cordero V. Christ

This case involves a physician, Dr. Burditt, who had disregarded the Emergency Medical Treatment and Active Labor Act (EMTALA). This act was implemented to prevent “Medicare-participating hospital from “dumping” patients out of the emergency room” (Pozgar, 2016, p. 245). In this case, Dr. Burditt had had examined the patient and made the decision to transfer her to another hospital that was located quite a distance away. When the patient was evaluated, it was noted that she had “dangerously high blood pressure (210/130) and was in active labor with ruptured membranes” (Pozgar, 2016, p. 245). Dr. Burditt should have continued to treat this patient because of her symptoms, which could have resulted in the death

The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242).

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

Any reasonable organization would be able to predict or expect that the ER nurses condition needed to be addressed by the hospital as it would ultimately lead to harmful result if they didn’t act upon the physician’s recommendation and the previous history of errors (Pozgar, 2012). The hospital failed to supervise or establish appropriate policies to provide reasonable accommodations for the pregnant ER nurse. While not directly at fault for the negligence by the nurse under the borrowed servant doctrine the hospital would be liable for the acts of their agents and in the least contributed to the negligence (Pozgar, 2012 and “Comparative and Contributory Negligence”,

A civil suit is commonly derived from a private party or individual, who alleges damages from duty of care. Once a civil case begins, it is the duty of the plaintiff to prove, with evidence, duty of care, breach of duty, causation, and damages. Conversely, the defendant must prove their affirmative defense against documented allegations. The Oliver versus Brock case proves the importance of supporting evidence as opposed to hearsay statements, to prove the truth of the matter. In the Oliver versus Brock case, Cathy (Plaintiff) filed a lawsuit against Bryan Whitfield Memorial Hospital of Demopolis and the treating physicians Dr. F.S. Whitfield, Dr. Paul Ketcham and Dr. E.C. Brock (Defendant) for negligence of care. Analyzing the facts in

The deposition of Dr. Joe Gonzales occurred on March 16, 2016. Dr. Gonzalez was retained by Plaintiff as an expert in this case and was requested to prepare a life care plan for Plaintiff’s future medical care needs. Dr. Gonzales has served as a life care planner since 1988, when he received is license to practice medicine. He became a certified life care planner in 2006. He is a medical doctor in San Antonio who is board certified in physical medicine and rehabilitation, pain medicine, and occupational and environmental medicine. Half of his work consists of treating patients and the other half consists of preparing life care plans related to litigation. When he does life care planning work, 85-90% of that work is on behalf of the plaintiffs in the respective litigation. He sees on average 20-50 patients a week in his medical practice. He has not practiced in a hospital in at least 10 years.

I believe that the hospital should take the blame for the damages and suffering that Kelly Niles endured. This decision reflects the quality of care that Niles received while he was at the hospital and also correlates to his physical status. The neurosurgeons stated that his status would have been better if they got to him sooner and were able to treat him in time, but due to the negligence throughout his whole treatment he is left with the ability to only move his eyes and neck. The fact that there was doubt that Kelly would survive the next few days after his surgery supports my decision that what the court ruled was reasonable and appropriate. Kelly “remained in a coma for 46 days before gradually regaining consciousness.” Kelly is totally disabled and his condition can’t ever be improved with medical attention or surgical treatments which furthers my final decision (“Niles v. City of San Rafael,”

HISTORY OF PRESENT ILLNESS: This is a 53-year-old black individual a patient of Dr. Shelton, who has had diabetes for at least six months, but he thinks it has been longer than that. He says his last known blood sugar was in the 300’s. He presents in the ER today with a foot ulcer since January of this year. He

The ATRA and CALA are trying to stop minor cases from receiving enormous sums of money which will dampen the economy. The subject matter of these cases varies to some length including but not limited to medical and car insurance. In a case against Rich Mountain Nursing and Rehabilitation Center of Mena, jurors found the defendant, Mena, guilty of malpractice in the death of Margaretha Sauer, a ninety-three year old woman. The non-economic punitive damages cash award for the suffering and pain of the Sauer family to be paid by Mena was seventy-eight million dollars. Punitive damages is one of the issues that the ATRA is trying to combat. If nursing homes continue to have pay large sums for punitive damages, they will not be able to survive. The premium average liability offered by nursing homes has increased from $820,000 in 1999 to $11.6 million in 2001. With the liability premiums continuing to rise, the prospects of profits continue to dwindle. They will have no chance at retaining a profit and thus will have to close. It will also mean that doctors will charge more for their services, which leads to fewer health insurances carrying

A variety of data will be required to test the theory of effectiveness being employed. Firstly, data will be required regarding incidences where in EMNC could be faced with lawsuits ranging from: patient negligence to a, failure to protect nursing staff and other health care workers from injury. Other data will come from the literature on health care giver standards that have been shown to help avoid lawsuits, (e.g. failure to use equipment in a responsible manner, failure to communicate, failure to document patient care and failure to act as a patient advocate).

The case was based on plaintiff claims that they were engaged in protected activity of investigating potential false claims submitted by the hospital to the government. According to the suit filed, a doctor on site was involved in a kickback agreement with the hospital anesthesiologist, Dr. Brad Barth, the husband of one of the plaintiffs in the case.

The Department of Human Resources received a report on Ms. Sue Salter on 9/17/14 alleging Ms. Salter a paraplegic who is paralyzed on her left side was living in a home with no water, power, and had an inadequate caregiver. During investigation, utilities were reconnected and Hospice service provided. Hospice stated Ms. Salter was losing notable weight and found lying in urine during visits. Due to this, several bedsores increased and the doctor ordered a catheter and low air mattress. Ms. Harville, the caregiver was educated on wound care numerous times and demonstrated a working knowledge but choose not to administer wound care.

The case of Elizabeth Bouvia v. Superior Court is a well-known case in the patient’s right to refuse treatment. Elizabeth Bouvia was born with cerebral palsy, which worsened, as she grew older and subsequently caused her to become a quadriplegic. She additionally developed severe degenerative arthritis that caused her to be in continuous unbearable pain. At the age of twenty-eight her condition had worsened to the point that she was said to be bed ridden and completely dependent on others for her activities of daily living. Although she had many physical challenges she was a

malpractice and negligence. The Darling's (Plaintiff) felt that the hospital, nursing staff and emergency room doctor all played an important part in the Plaintiff losing his leg due to neglect.

X.X. has been a very easy going resident throughout the course of our encounter with letting me do whatever is needed to give him the care he needs. X.X. came to Bay County Medical Care Facility on January 30, 2013 due to right hip replacement surgery that he never really gained much mobility back in, along with recurring UTI’s from urinary retention. Besides the hip replacement and the UTI’s that he was admitted for he was previously diagnosed with type II diabetes mellitus, sleep apnea, and bipolar disorder. After 2 years of being admitted into Bay County Medical Facility, roughly in July of 2015, was diagnosed with stage II kidney disease, which lead to him developing anemia and hypertension (HTN). According to the American Diabetes Association, diabetes starts to cause damage to the renal system by exerting lots of extra stress on the filters of the kidneys. After many years of stress being put on the kidneys, red blood cells and proteins begin to leak through into the filtration system,