Case Study: Guilty Of Health Care

Decent Essays
In this scenario, I believe Nicole is guilty of several intentional torts. Due to her financial stressors at home, Nicole wholeheartedly decided to supplement her husband’s lack of income by risking the safety and well-being of her patients. Based on her educational level by completing nursing school, I feel Nicole was well aware that if patients were not receiving their prescribed medications, many medical and behavioral issues may arise. This leads to the first charge: infliction of metal distress. Since Nicole is knowledgable about medications, their intended purposes, and the consequences that may result if not taken, she intentionally withheld medication for financial gain, despite possible ill-effects. “A plaintiff may recover damages if he or she can show that the defendant intended to inflict mental distress and knew or should have known that his or her actions would give rise to it (p. 202).”…show more content…
Billing for services not rendered, or medications charged to insurance companies but clearly not given is evident. Since the patients Nicole cares for are children and adolescents, they are not able to fully protect themselves due to lack of maturity or knowledge on the subject. Being aware of this vulnerability, Nicole preyed on these victims with the certainty that these patients would have no idea. Health care fraud “displays a reckless indifference to the safety of the American people and constitutes a clear abuse of the public trust, showing a blatant disregard for systems and laws designed to protect public health (p. 210).” These children and families placed their trust in Nicole, who had a duty to care for them, and this duty was undoubtedly
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