Case Analysis : Bradshaw Damages Claim

There are two major lawsuits which the main populace has defined as frivolous. One of those cases is the McDonald’s split coffee case. This is the case where the plaintiff spilled her coffee and was rumored to sue McDonald’s for 2.7 million dollars and win. The other’s case is the Pearson dry cleaning case where a man sued Chung Dry Cleaner’s 54 million dollars for losing his pants. The plaintiff won in the McDonald’s Case and the Plaintiff lost in the Dry clearance’s case. In this paper we are going to dissect each case by the facts, the law, the issues, the ethical issues, the defendants preventative

In this case, there was a Physician-Patient relationship. The patient requested the treatment and the physician agreed to render to treat John Smith. Unfortunately, the physician terminated the relationship improperly when he dismissed the patients' complaints and caused harm to the patient making himself liable for a lawsuit. The theories supporting this lawsuit include medical negligence, medical abandonment, res ipsa loquitur.

The Canadian Health Information Management Association Code of Ethics outlines a powerful standard for Health Information Management Professionals. When one becomes a member of CHIMA along comes the responsibility of following the code of ethics as faithfully and professionally as possible. Although the interpretation of the guidelines can vary among individuals and organizations, the basis and underlying meaning of each code should be synonymous. The ten codes set general expectations for HIM professionals that help the public understand the ethical views of CHIMA. With these ethics in place we are able to decrease the number of breaches, improve data quality and encourage lifelong learning. There are a number of breaches that occur in healthcare settings that go unreported on a daily basis. The reason for these cases going unreported could be the lack of knowledge of severity and consequences, or have a malicious intent. The case study is a definite breach of the CHIMA code of ethics- and could fall into numbers 1-10, but in my opinion is more relevant to numbers 2-3, 5-7 and 9. Jane should have acted in a more proactive manner reflecting CHIMA values and informed the appropriate individuals so that they correct actions could be made.

During this research, there has been a collection of data that had been connected to the instances of HIPAA violations within the United States. There are various cases that have been reported through patients and employees where very personal medical information has been exposed unlawfully for personal gain. These cases have not only put a company at reputational risk. But these cases can also place a patient and or healthcare company in a terrible financial stipulation. This thesis will include a series of charts and tables that describe the fluctuation of such cases involving different examples of HIPAA violations. Not only will there be data of these instances but there will be illustrations of how both patients and healthcare employees exemplify HIPAA violations. These cases will be verified from an external and internal evaluation. Suggestive protocol will be demonstrated to guide one along to ensure the possibility of another case of HIPAA violation is prevented. Protocols and examples are being credited by diverse information.

In the Supreme Court case R. V Hutchinson is a legal case where Craig Jaret Hutchinson was charged with aggravated sexual assault in the lower court after the complainant had consented to have sexual intercourse but wanted Hutchinson to wear a condom. However, Hutchinson poked holes in the condom unknown to the complainant. This resulted in pregnancy. In the Supreme Court case, the file says, “Mr. Hutchinson was charged with aggravated sexual assault. The complainant said that she did not consent to unprotected sex. The trial judge agreed and convicted Mr. Hutchinson of sexual assault (2011 NSSC 361, 311 N.S.R. (2d) 1) (Supreme Court, 2014).” This quote from the supreme court judgment is explaining how Mr. Hutchinson was convicted of aggravated sexual assault under the criminal code Criminal Code, R.S.C. 1985, c. C-46, ss. 265(3) (c), 273.1(1). This section of the code focuses on the meaning of consent and when consent has not been obtained from the complainant. Consent can be obtained through multiple ways such as verbal agreement. However, consent cannot be attained when one person is forceful, uses threat or fear to manipulate the other party, fraud, or abuse of power.

This proceeding before a Medical Review Panel, pursuant to La. Rev. Stat. §§ 40:1299.41, et seq., is brought by Jimmy Martinez against multiple health care providers, including Dr. Mark Kappelman, a qualified health care provider entitled to have the claim filed against him reviewed by this Panel. The claims made against Dr. Kappelman are mere allegations without support and proof. In a medical malpractice case the burden of proof is on the claimant to establish that Dr. Mark Kappelman’s actions in this matter fell below the standard of care required of similar health care providers. The claimant also bears the burden of proving whether any such alleged act or acts of negligence caused any injuries. It is the duty of the

No. According to the Fifth Amendment, "No person shall be compelled in any criminal case to be a witness against himself”. This provision governs state as well as federal criminal proceedings.

This documentary prompted an investigation by the Federal Trade Commission (FTC) and the Office of Civil Rights (OCR) (CVS Pays $2.25 Million in Record HIPAA Settlement, 2015). In 2009, the HIPAA breach notification requirement was initiated, which mandated that “HIPAA covered entities and their business associates provide notification following a breach of unsecured protected health information (PHI).” More than thirty-two million people have had their PHI violated and more than twenty-six million dollars in fines have been imposed. The Third largest fine given was to CVS in January of two-thousand and nine for two point two five million dollars. The Office of Civil Rights investigation revealed that CVS pharmacy was disposing protected health information in dumpsters that were not secure and could be accessed by the public. The Privacy Rule requires health plans, health care clearinghouses, and most health care providers including pharmacies to safeguard the privacy of protected health information, including such information during its disposal. The investigation cited that CVS failed to implement adequate policies and procedures to reasonably safeguard health information during the disposal process. CVS failed to train employees on how to dispose

B- Performance of the contract has become impossible or the purpose of the contract has become frustrated.

Anna may file all of the items stated above for several obvious reasons. In the manner of infliction of emotional distress Anna has suffered severe injury to herself in an unexpected environment as well as having to deal with her leg being amputated for the rest of her life. In the manner of negligence, the restaurant was negligent in not ensuring that her meal was free of foreign objects. In the manner of duty of care, the surgeon operating on her negligently did not review her file correctly and confused her for another patient which led him to amputate her leg. This also leads to actual cause in which there was the actual cause of negligence in the manner of operating on Anna. Anna will also be able to file for Res Ipsa Loquitur because it is the

The purpose of this essay is to analyze state court jurisdiction issues. To do so, this essay will look over the district courts, small claims court, and county courts. This essay will discuss their differences in cases, expenses, and processes and how they are limited.

Mr. Brent alleges that GEICO did not have the authority to act on behalf of the patient with respect to the Settlement Agreement and did not receive consent for the settlement from the patient or the patient’s attorney. He characterizes this as GEICO “misrepresenting” its ability to act for the patient. Mr. Brent indicates that as a result of GEICO’s alleged misrepresentation, he is contemplating adding GEICO as a defendant to the pending lawsuit between the patient and GEICO’s insured. Mr. Brent also states that if GEICO is added as a defendant, he will have no choice but to add Hospital as a defendant to “avoid the empty chair.” Mr. Brent does not identify any alleged wrongful conduct by Hospital, let alone how it engaged in misrepresentation

Robert James Matthews was charged with multiple felonies, including, but not limited to, burglary, grand theft, petit theft, and malicious injury to property. While in court, Matthews admitted to breaking and entering into a car dealership, and stealing car keys. After stealing the keys, Matthews drove three cars around the city, and proceeded by dropping each of them off at various locations. It must also be noted that Matthews had a strong criminal history, and, although the court was not actively searched for, there were already multiple warrants out for Matthews for other smaller offenses such as minor burglaries.

Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries?

On March 19 of the year 2003, Securities and Exchange Commission brought the trading of HealthSouth to an end on the New York stock exchange, charging the company for inflating its earnings by more than 10 percent and overstated its profits by more than $2.5 billion between 1999 and 2002. HealthSouth’s trading reached to $30.81 in the year 1998, but ever since the trading of the company has been put to an end it reached to $3.91 per share. One week later, Owens pleaded guilty to changing and editing the company’s financial statements.