M was taking a look at his leg that was injured but seemed to be healing. All was thought to be well until one office visit the doctor went across the hall to check on another patient who seemed to have an infected leg. The doctor left the door open where confidentiality here was obviously not being taking into consideration for the patient he was seeing as well as others who were able to hear them. Since the door was open, his parents noticed that he did not change his gloves while entering that other room and came back to check on their son with no gloves on. Dr. M was concerned about Jacobs leg and told him to come back the following week while treating it with antibiotics. The following week he comes back only to see that he has developed osteomyelitis. This was the same infection that the other patient developed while under the care of his supervision. Jacobs delay in his recover cost him the opportunity to play football and a college scholarship. Jacobs’s parents then resorted to suing Dr. M because of his negligence and lack of medical
Civil Law, it deals with the personal issues such as, Divorce, Inheritance, Child custody, contracts, or bankruptcy and wrongful death cases. Most of civil cases are awarded a dollar amount not punished by jail time. When OJ Simpson was found not guilty of Murder in Criminal Court, the two families of the victims charged him with wrongful death, and they were awarded a large sum of money from him in Civil
The hospital and physician were both found to be negligent. Elements of negligence are (injuryclaimcoach, 2017):
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
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
The case arises from the alleged negligence of Dr. George Paltrow the Chief of Surgery of Bright Road Health System. On November 28, 2012, Mrs. Smith, after undergoing surgery was placed in the post-surgery care unit along with four other patients. The plaintiff claims Dr. Paltrow and numerous hospital residents came in and performed routine examinations on all four of patients inside the care unit without changing gloves or washing their hands. This statement is corroborated by the account of Jennifer Brainard one of the nurses on duty during the incident. Ms. Brainard further cites that Dr. Paltrow and other residents performed a dressing change and examination on the patient that was diagnosed with staph infection first before moving on
When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well.
First he was negligent in the oversight of his resident physician, next he made a false statement when questioned by his employer, and lastly he altered medical documents that can be used if the case goes to trial (Pandit, 2009). In the Matter of Jascalevich1. It was held that a physician's duty to a patient cannot but encompass his affirmative obligation to maintain the integrity, accuracy, truth and reliability of the patient's medical record. Using this case we can affirm that the medical records are a part of the responsibility of a medical provider and in no circumstance will it be amended to benefit one’s self or other constituents. According to Pozar (2014) tampering with records sends the wrong signals to jurors, and can create a presumption of negligence. It is very clear that if this case goes to trial the physician is liable to face charges of medical malpractice, fraud and
Most individuals will experience some form of crime in their lifetime. This crime can range from civil or violent. Civil crime cases are cases that involve private citizens or companies in a dispute over money, contract agreements, divorce, child support, etc. Criminal cases are separated into three categories: infractions cases, which would consist of traffic tickets, misdemeanors cases such as shoplifting, and felony cases, which would consist of violent crimes committed against another person such as rape, domestic violence, and armed robbery.
A) Civil law has to do with issues between person and person or between person and their government. While Criminal laws has to so with wrongful acts against society as a whole. For instance if I ran my car into someone’s fence it would be a civil lawsuit since it is between me and the person who I ran my car through their fence, but it would become a criminal lawsuit if I was drunk and driving and ran my car through the fence because I’m putting society in harm of my drinking and driving.
1. The theories and perspectives in this unit focus on the environmental and social influence of crime. Do you think that environmental and social conditions influence crime? Why or why not? Between biological, psychological, and social factors, which one do you think plays the biggest role in crime? Why?
Negligence happens when a “person’s actions fall below a certain level of care. Negligence can involve doing something carelessly or failing to do something that should have been done.” (Fremgen, 2009, p. 35). In order to prove negligence the plaintiff must present the following elements: 1) duty to care, 2) breach of duty to care, 3) injury and 4) causation (Pozgar, 2012, p. 33). Duty to care is the first element which deals with the care that the defendant (physician) owes the plaintiff (the patient).