Darling V. Charleston Community Memorial Hospital Case

Law 218: if a surgeon has operated with a bronze lancet on a freeman for a serious injury, and has caused his death,... his hands shall be cut off.

In many ways, the hospital system in America is set up mirroring our government. They are similar in the way that checks and balances have been set in place to ensure the best possible care is delivered to patients. With these checks and balances there are three main bodies; the governing board, medical staff, and executive management (Showalter, 2017). The duties and responsibilities of each body many times is to oversee and continually check the others. A prime example of this system can be seen through the case of Moore v. The Board of Trustees of Carson-Tahoe Hospital, which took place in Nevada and was heard before the Supreme Court of the state in 1972 (Moore v. Board of Trustees of Carson-Tahoe Hospital, 1972). Specifically, in this case, the duty of the governing board to “exercise reasonable care in selecting and retaining medical staff” is questioned in contrast with the right of the physician to have “due process… when disciplinary action is taken” (Showalter, 2017). In hopes of changing a decision by the governing board, and attempting to reverse the decision of a lower court, the appellant, Dr. Moore, brought the case against Carson-Tahoe Hospital (Moore v. Board of Trustees of Carson-Tahoe Hospital, 1972).

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

In the article “Despite Counsel, Victim Is Hindered by tort laws.” The author Becca Aaronson, explains that sometimes tort laws may not feel fair. Connie Spears is just an ordinary woman who went to the Emergency because she felt some pain in her legs which she told the hospital she is known to have blood clots but, after being checked by the doctors they sent her home with a minor diagnoses. Just a short few days later she ended up in a different hospital with serious illness that caused her to loose both of her legs. She then filed a medical malpractice law suit but, she had to produce adequate expert reports within 120 days of filing their cases or she will be ordered to pay the defendants court fees. Connie Spears argues that

From looking at the case decisions of similar circumstances made by the court for like dispute can be reasonably unclear, whether or whether not the evidence supports the judgment. After analyzing the case of Muriel Peters v. Early Healthcare Giver Inc. (EHCG), related perceptive sides may be pointed out based on the reader’s viewpoint. In my opinion, I agree with the Court of Appeals of Maryland’s decision to overturn the decision made by Circuit Court. Early Healthcare Giver’s counsel tried to elaborate that the company was working under a Federal program, which Medicaid would cover the cost of payment. This laments multiple errors in the circuit court decision to preside with the Defendant Early Healthcare Giver for several reasons. The first reason is that the circuit court agreed with the Defendant on the basis that federal law preempt state law, even though that is true it is the wrong application of the law in this case. As in this matter, state laws preempt federal agency regulations including administrative agency laws as it was in this case (4). The second is that the circuit court interpreted it has had federal question. According to the textbook, a federal question arises when a plaintiff’s cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law (33). The court of appeals stated that Peter’s work fell under the Fair Labor Standards Act’s (FLSA) “companionship services” exemption does not apply in this matter. So the

The Supreme Court will also hold that Sampson did not met her burden to raise a fact issue on each element of this theory against a hospital for the acts of an independent contractor emergency room physician as well as resolve a conflict in the courts of appeals holdings regarding its necessary elements. The Supreme Court discarded the doctrine that a hospital has a non-delegable duty to its emergency patients by granting a summary judgment in favor of a hospital due to the posted signs saying that the physicians were independent

malpractice and negligence. The Darling's (Plaintiff) felt that the hospital, nursing staff and emergency room doctor all played an important part in the Plaintiff losing his leg due to neglect.

Gilbert Bishop was admitted to Laurel Creek Health Care Center on July 23, 2002, after arriving via ambulance without family present. During that examination, Gilbert communicated to Laurel Creek staff that he could not use his hands well enough to write or hold a pencil. Gilbert was otherwise found to be mentally competent. Gilbert’s sister, Rachel Combs, arrived after Gilbert, she offered to sign the admissions forms, but Laurel Creek employees told her that it was their policy to have the patient’s spouse sign the admissions papers if the patient was unable to sign them. Rachel also testified that Gilbert asked her to get his wife, Anna

The only way to miss the fact that your patient was physically or sexually abused is to not actually assess your patient. Certainly, sexual assault can be hidden under clothing; however, this can be assessed in other ways, such as talking to the client; especially in a psychiatric setting. Additionally, noticing any other changes in the client’s behavior could indicate that they have been involved in a traumatic event. The nurse must always be vigilant in assessing those under their care by any and all means available.

As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.

Thinking back to the lessons I had learned from my nursing assistant class, I recalled negligence as a serious factor that affects a health professional’s career. The reality that physically stable health professionals even end up neglecting a patient accidentally suggests that working in a health facility with an unstable health condition is a great matter to consider. Neglect does not only occur when a patient is unintentionally harmed but also when a health professional fails to provide the appropriate care or treatment to avoid physical harm or mental illness, a fact retrieved from the article Legal Issues for CNAs. From this fact, I was able to interpret that it is not impossible to experience a situation where my knee might collapse resulting in the failure to also retain the falling patient’s balance. Charges or lawsuits, certification suspension or revocation, job loss, and even a damaged nursing career are among the possible consequences of neglect (10 Ways to Lose Your Nursing License). However, these types of situations are preventable. Likewise, by considering the facts and rationally applying them to my action, I can prevent the encounter of the consequences of

25). Unfortunately, the article regarding Mr. Benson’s case did not give detail on whether or not proper documentation had occurred. However, one can assume documentation was not done properly as the wrong leg had been amputated. If proper documentation had been completed in Mr. Benson’s case, it is possible someone besides the surgeon may have caught the wrong leg was about to be amputated. An example of proper documentation would be the consenting of the patient for surgery. Mr. Benson had to have been consented for surgery, which means a doctor or a nurse practioner would discussed with the patient which leg was to be amputated, signs and symptoms of complications and what to expect after surgery. If there was any question once the patient was in the operating room, which leg to amputate, anyone could have looked in the patient’s chart to see what Mr. Benson had been consented for. Documentation of the time out could have also prevented Mr. Benson from having the wrong leg amputated. The reason being is, everyone involved in the case would have stopped and made sure the right patient was in the operating room and the right surgery was to be performed so it could be documented this act was completed. Not only proper documentation could have prevented this horrible act but also the help of the nurses could have prevented a mistake like this from happening.

Even if Reid was not an African American patient the recommendation of immediate amputation seems pretty extreme for anyone. The article not only presents Reid’s opinion about being treated unfairly because of his race, but also finds an important medical professional to backs up Reid’s claims about racial discrimination. There is also mention of study’s that have been done showing how race is a factor that effects the medical recommendations givens to patients, which clearly favor Reid’s

I was confronted by Johnathan Watts, another physician in the court, during the procedure. He claimed to have been searching for me and to my poor fortune, had seen me in the process of amputating the man’s leg. He seemed genuinely offended by what was transpiring, but I had told him to hold his tongue and to allow me to finish; I had already finished cutting the flesh to the bone and had commenced cutting through the bone.

The scenario is a horrendous string of coincidences that resulted in a tragedy. However, every party carries some responsibility for the eventual double amputation. This paper examines each of the parties, their possible liability and how that is covered by negligence law.