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
Apparent Authority: Cordero v. Christ Patti Maisner Kaplan University Apparent Authority: Cordero v. Christ Introduction In today’s world, more healthcare facilities are operated by managed care. These types of facilities are use outside contractors to keep costs low. One type of scenario would be anesthesiologists or specialized doctors working at hospitals to treat patients, in doing so, the hospital pays only for time worked instead of having a full-time staff that is not occupied all of the time. In the case of Cordero v. Christ, Christ Hospital contracted an anesthesiologist whose work brought harm to a patient. Because the hospital did not have preponderance evidence showing Respondeat Superior, the jury brought summary judgement thus awarding the Corderos damages from both the principal and the contractor by way of Apparent Authority and Vicarious Liability. Had the principal and contractor worked with an agreement, and followed guidelines set down by a risk management team, the summary judgement make not have happened. Unfortunately, neither party protected themselves as they could’ve by having the simplest of things, like their own logoed uniforms, a contract, and contracts for patients so sign like disclaimers and waivers.
"Unlike the FTC, we believe In order to qualify for Federal safe harbors regarding collective bargaining organizations must demonstrate that physicians' who are part of the organization are clinically or financially integrated with-in the practice in order to achieve cost and/or quality improvements to patient care . They must demonstrate that joint contracting is reasonably necessary to achieve these cost and quality savings . While there are no set limitations, the Practice should also consider their organizations market power in the community of their principle place of business. Lastly, they must consider weather they are exclusive in restricting individual physicians' ability to contract with various payors
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.
One of the strengths…. New physicians are hired on a two year contract with a fixed salary and benefits. After the completion of their two year term, they can then choose to either buy a share of Medical Associates and become stakeholders, or terminate their relationships with the practice entirely. Over the course of the past 5 years, Medical Associates’ staff has changed dramatically within the organization. As registered nurses retire or resign, they have been replaced with medical assistants. On five recent occasions, when a Registered Nurse assigned to a senior physician resigned, the senior physician demanded that the registered nurse assigned to a staff physician (non-shareholder) be reassigned to him or her and that the new Medical Assistant be hired to fill the vacancy with the new staff physician. This ad hoc system of job switching has caused a great deal of internal turmoil between the senior and junior physicians and has lead to the subsequent resignation of two Registered Nurses who did not want to be reassigned. Another issue of long term concern involves the financial structure of the corporation. At a recent Board retreat, a consultant furnished a recommendation that the corporation retain more of its annual earnings before sharing earnings with the shareholders. This report was very controversial.Dr. Eason, the Medical
FACTS: 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.
d.).” Supreme Court Ruling According to Chief Justice Phillips’s opinion, the plaintiff, Sampson, needed to raise “a genuine issue of material fact that defendant Hospital was vicariously liable under the theory of ostensible agency for an emergency room physician’s negligence.” For that reason, we grant the BMHS’s request for writ of error due to the failure that the plaintiff was unable to establish vicarious liability based on the facts that the hospital had taken the reasonable and necessary steps to show its patients that the practicing physicians at the hospital were not employees or agents of the hospital (Phillips, 1997).
3. Jurisdiction is proper in the Circuit Court of Osceola County, Florida, because, at all relevant times and as described further herein, (1) Physician operated, conducted, engaged in, and carried on a business or business venture (specifically, the private practice of medicine) in Osceola County, Florida, (2) Physician had an office in Osceola County, Florida from which to conduct the private practice of medicine, and (3) Physician breached a contract with the Hospital relating to his practice of medicine in this state by failing to perform acts required by the contract to have been performed in Osceola County, Florida. §48.193, Florida Statutes.
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.
“What is Ethic Really Like in Wider Professional Circles?” The individual interviewed was a medical folk from Promedica Fostoria Community Hospital. They work in the surgery department for sterile processing and have been there for over 16 years. The interviewee was asked multiple questions about the professional group they represent, their code of conduct, and their mission as a facility. They answered the questions to the best of their ability and gave much insight about the facility itself and the staff within the hospital.
At this time, I also approached the possibility of settling this case pursuant to a compromise and release. As you know, the Stipulations with Request for Award we were ready to accept were for 24% PD paid at a rate of $160.00 per week. The stipulation was for the applicant’s lumbar spine and left knee only. The monetary value of this stipulation would be $15,280.00. I indicated to the applicant’s attorney that I had authority to settle the claim pursuant to a Compromise and Release for $24,000.00. After further discussions, the applicant’s attorney took the Stipulations and indicated he would discuss the Compromise and Release with the applicant.
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
United States V McClatchey 217 F3d 823 Cir., (10th , 2000) I. Background This case of U.S government versus defendant McClatchey involves hospital CEO, two physicians, and Mr. McClatchy who is a part of the administrative staff at Baptist Medical center. Two physicians involved in the case worked together in a group practice called BVMG that provided care to the nursing homes. In 1984, they brought a proposal to the Baptist Medical Center to have them buy the practice and in return physicians were to refer their patients from other hospitals to Baptist medical center. This proposal was rejected; however, some negotiation of this plan took place and Baptist medical center agreed to pay a fee of 75,000 dollars to each doctor for
This case is a good example of making sure you fully understand the terms of the contract. Contracts are put into place to protect all parties. When you read a contract, you have to agree to all the terms. If you do not or the terms have changed from what