Did Tara's Family Get Involved In A Tort Of Negligence?

The scenario and the details presented herein adequately meet the basic established criteria for a malpractice claim to be filed on the plaintiff’s behalf against Miraculous Regional Health System (MRHS henceforth). The circumstances surrounding Ms. Bonnie Bowser’s unexpected demise calls into question the most basic principles involved in caring of a patient under provider’s care. In legal terms, those fundamentals include the following four pillars below:

The negligence of this incident had a negative impact on the patient’s family members. Approximately 25% of cases involving medical negligence involve poor nursing care. Another negative aspect was patient’s family follow up was poor resulting in lack of importance highlighted on the pressure wounds. Ashley (2003) states nurses can be sued for malpractice, this means he or she is being sued for “negligence”. Furthermore, the nursing health professionals can lose its credibility among a community as they failed to provide a holistic care for the patient. However, a positive outcome was nurses were able to reflect among this evidence based practice to assist in better quality in patient

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

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.

Tort suits consist of such actions as medical negligence, personal injury, bad faith and products liability claims. If the negligence or wrongful conduct of another party can be proven, the injured party may be entitled to monetary compensation from that party in the form of economic and non-economic damages.” (NPR). This means that any patient receiving medical attention or even any patient obtaining attention from a psychiatrist can take the practicing doctor rendering care to court. If in anyway the patient feels like at one point treatment has been neglected. The ugly truth is that it seems to be the exact case in America. That is one of the reasons why any type of provider from healthcare to even cosmetic can have outrages prices when providing care. That is why medical malpractice insurance is a most in every state to avoid scammer from claiming to have a tort committed while under a providers care. Lastly is defensive medicine. “Defensive medicine occurs when doctors order tests, procedures, or visits, or avoid high-risk patients or procedures, primarily (but not necessarily or solely) to reduce their exposure to malpractice liability. When physicians do extra tests or procedures primarily to reduce malpractice liability, they are practicing positive defensive medicine. When they avoid certain patients or procedures, they are practicing

. The husband of the plaintiff file a petition to the court that his wife[plaintiff] is mentally ill and needs to have a court order directing the admission of her to the mental health hospital. The petition initiated by plaintiff’s husband is the order of the Wayne County probate court, and it is also appropriately certified by Doctors Wolodzko, who after appearing in her house and introducing himself as a doctor , and have a conversation with her in person that day and another day in telephone, determine that she is suffering from paranoid schizophrenia and Smyk. The court gave the order and the Plaintiff was taken by ambulance from her home to a private psychiatric

The last element is damages. “Damages are proven when it is determined the injury was a result of the practitioner's actions. The intent of awarding damages is to make the plaintiff whole, meaning as if the negligence never occurred” (Walker, 2011, para. 15). Damages are usually paid in the form of money, but I do not think any amount of money will ever make this patient feel whole or that the negligence never occurred.

And if that does not satisfy the situation calling social service to investigate would be the next best possible action. The interview said; “They will inform the management by complaining as there is an open disclosure policy; if something goes wrong; and patient isn’t satisfied they could sue them. Which can indicated that the patients can file a case against facility if they feel that they two advised actions have not satisfied the negligence of the workplace. The most important key in deciding the best action to take for this case would be the patient’s satisfaction and finding justice for the suffering received.

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

The issue is whether the defendant National Institute of Health (NIH) placed the patient JoAnn Goodman in jeopardy while undergoing an experimental isolated liver perfusion ILP surgery to save her life. After the ILP procedure she was prescribed a pain medication called Melphalan which caused a negative reaction. Could this medication and the ILP surgery have compromised JoAnn Goodman’s’ health to quickly decline and eventually expire due to the negligence care of her physician could this condition constitute battery in the wrongful death of Mr. Goodman’s’ wife?

Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case

a 44 year old Divorced African Male came into Henry Ford Hospital ED as a walk-in and told the HFHS staff that he was having mental health issues he does still struggle with depression and anxiety. The consumer stated that he initially went into the hospital after his brother was shot twice in the head. At that time the client reports that he was placed on Risperdal, while at Kingswood in January, and he became a zombie at that time. He stated that he has been in and of the hospital multiple times since then, and each time, he has been placed on Risperdal and he doesn't feel that his meds were ever adjusted correctly.

Answer is A. Paula was trained to handle patients such as Dave, and she was aware of behavior by Alzheimer’s patients when she agreed to take her job. She also saw, on this occasion, that he was already violent when she began to help the patient. If a reasonable person in her field and training, would not have intervened, Paula’s damages should be reduced by the doctrine of comparative fault. She will still be able to recover damages, minus the percentage that was her fault.

At age twenty-four Catherine lost her father Robert. He was both mentally unstable and incapable of caring for himself. Catherine assumed the responsibilities for her father when he became seriously ill. She dropped out of school and lived at home to take care of her father. Catherine’s father had passed away and since his death, Catherine has become mentally unstable herself. The prosecution believes the death of Robert has traumatized Catherine and is severely affecting her well-being. The defendant’s sister, Claire is fighting to gain authority because she feels Catherine is incapable of caring for herself. At this time I will review the evidence of this case and the risks at stake. When I am finished the court will conclude the evidence does in fact support Catherine is unable to support herself.

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).