Civil Complaints Process
HCS/430
October 10, 2010
Brenda Young Civil Complaints Process
Civil complaints can arise when a patient feels as if they have been mistreated according to the “standard of care”. Some patients have legitimate cases, yet there are other people who are looking for a possible lawsuit. This paper will explore the process for filing a civil complaint against a physician. This paper will discuss what patients and consumers will use in the event of suspected misconduct or possible incompetence. It will also explore the roles of the respective regulatory agencies in investigating allegations and determining and applying any appropriate disciplinary actions. It will also identify any potential criminal liability
…show more content…
The process in which to file a civil complaint against a physician is to first contact the facility’s medical board. If the complaint is within jurisdiction, within the seven year time frame, and shows evidence of breach of duty, causation, and harm or injury, the person who complained will receive an acknowledgement letter advising them that the board has received their complaint and that it will be forwarded to an analyst for review. If the complaint concerns the care and treatment received, copies of the medical records will be requested by the analyst and a written summary of their care from the physician, along with the authorization for release of medical information. The analyst will contact any subsequent physician(s) listed on the authorization forms. When all requested documents have been received, the person who complained with received a notice stating that all their information including the complaint(s) has been sent to medical consultants for review. The reviews are
This case is extremely relevant to what is known as the four D’s of negligence; duty, dereliction, direct cause and damages. Duty is when a doctor and a patient have formed a relationship and said doctor has taken on the responsibility of taking care of the patient. Dereliction or failure to perform a duty, there must be some kind of proof that the doctor somehow neglected the doctor neglected the patient. Direct cause, there must be some kind of proof that what happened to the patient was a direct cause of how the doctor conducted himself or his failure to act which resulted in injury. Damages a patient must prove that harm was incurred by the direct result of the physicians actions.
In class, we have learned many important topics in the legal, ethical, and regulatory environment of business. However in the classroom setting, we have examined each of these topics individually. Jonathan Harr’s A Civil Action allows us to see how the topics learned relate to one another in the context of a real world setting. His book provides an engaging read about the legal practice action while connecting the topics of the relationship between law, business, and ethics; the court system and litigation; alternative dispute resolution; and the nature of the corporation. A Civil Action complements the material learned in class, and it helps to create an overall cohesiveness between the topics learned in class that
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to
If you believe you have not received the care you deserved, you may want to discuss your case with a Philadelphia medical malpractice attorney to learn your best legal course of action.
There are few things in life that could be worse than loosing you child to such a horrible disease as leukemia. One can only imagine having such a tragedy repeat itself throughout you community time after time. To compound such tragedies, imagine being poisoned yourself and having to fight some of the largest local corporations to prove the truth and get it stopped. This is the community setting for Jonathan Harr's true-to-life legal thriller A Civil Action. The book was an award winner for "Best Seller" in 1995 and was named the 1995 National Book Critics Circle Award.
There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation by the union often guarantees an employee a fair, just, and timely grievance process. However, not all employees feel that way when they are not a represented the union. The grievance process can mean different things to each individual employee and usually no two complaints are normally about the same type of issue.
For decades doctors have been revered, respected, and regarded as “saviors,” but what medical practitioners and health officials do not reveal is that there are some doctors that are unlawfully practicing medicine, and nothing is being done to stop them. Medical malpractice is the illegal or improper practice of medicine. Unfortunately, this is far too common. The people that are victims of malpractice often get no compensation for the problems a physician has created. Although doctors are trusted individuals and have a right to provide medical advice, perform surgeries, and prescribe medicine, patients should also be able to have more control and security in their medical dealings through new laws and regulations.
The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.
A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.
In March of 2004, a doctor at the Wyoming Medical Center had been reported by one of the nurses for leaving an operating room during a surgery. Narotzky v. Natrona County Memorial Hosp. Bd. Of Trustees, 610 F.3d 561 (10th Cir. 2010). He had left Robert Griffin, a physician’s assistant, who had authorization to assist in surgeries but only under direct supervision of a physician. Id. After receiving the filed complaint, the Medical Center launched an investigation and eventually terminated a group of physicians. Id.
The Plaintiffs felt that since the hospital was licensed and accredited that they should be held responsible for their employees and their actions. It states in the regulations that any infraction of the bylaws imposes liability for the injury. At any time if Dr. Alexander had questions or concerns he could have reached out to an expert in this field to consult
I do believe that he acted fairly. It make sense even if it feels unfair to people who know the whole truth. There would be no case if they could not prove that the contaminants had gotten into the water. I am not sure if the way he asked the jury was the most fair way. But in the end it makes sense to me why he did what he did. If the jury did not believe that the water was contaminated by thoses companies then there is no case for the families to fight. It makes sense that the judge did not want to have the family to go on the stand because what would that prove to the jury, if some of them do not believe that the water was contaminated. I can see how he would think that was a waste of time.
In this case, Allstate sued the defendant chiropractic practice and doctor for allegedly creating an “elaborate scheme to defraud” under Section 17.05 of the Illinois Criminal Code. Allstate alleged that the defendant created and submitted false and misleading medical reports, records and billings for treatments for chiropractic and diagnostic services. Further, Allstate claimed that the defendant doctor routinely ordered unnecessary and unwarranted diagnostic testing which he conducted in a mobile x-ray van. Allstate further claimed that it had made “substantial payments” based on the submission of settlements and verdicts obtained against Allstate’s insured in their third party personal injury lawsuits. Allstate also alleged that the defendants improperly billed a lay assistant’s time “as incident to physician services” even though those assistants were not properly trained in order to bill for such a
“The definition of a health professional is a person who works to protect and improve people’s health by the diagnosis and treatment of illness to bring about a complete recovery from mental, physical and social perspectives, either directly or indirectly (Kurban, 2010, pg. 760).” Nurses in the community today have acquired an increasing responsibility to intervene with medical decisions. In the past, there were clear differences between nurses and doctors. It was more common for a nurse to be supervised directly under the physician. They are not just performing Doctor’s orders anymore. The nurse role in patient care has been widely expanded. Allegations against someone can be one of the most stressful moments of their careers. Negligence
The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.