A patient signed an arbitration agreement before he say the doctor for his surgery and the surgery went bad and the patient filed for compensation due to effects from the wrong doings of the doctor. The court ruled that the arbitration agreement could not be upheld. This case shows what could result in someone not being able to read legal papers before they sign or not knowing they have the right to not sign said paperwork. The majority opinion for this case is correct. the wording on the arbitration agreement was one reason as well as the fact that a doctor-patient relationship was present when Mr. King signed said agreement. Also, there are many cases that help to support the majority opinion. The plaintiffs, Robert E. King and his wife …show more content…
On July 15th, 2014, the court of appeals wrote a unpublished opinion agreeing with the findings from the trial court in May of 2013. The court of appeals stated that the defendants don’t argue that the courts’ decision was based on competent evidence. Which that ended up binding the appeal and resulted in the court of appeals refusing to address the defendants reasoning that there wasn’t a doctor-patient relationship yet formed. The court of appeals went on mentioning Tillman v. Commercial Credit Loans, Inc., 362 N.C. 93,101-02,655 S.E.2d 362, 3669-70 (2008) as well as N.C. Nat’l Bank v. Va. Carolina Builders, 307 N.C. 563, 299 S.E.2d 629, 631(1983).
The defendants filed a petition asking the court of appeals to further review their decision. The court of appeals granted the review on December 18th, 2014. The court heard the briefing and oral argument on August 21st, 2015. They then sent it to the superior court in Cumberland County to further decide if the doctor-patient relationship was present when Mr. King signed the arbitration
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the North Carolina law Koufman v. Koufman, 330 N.C. 93, 97, 408 S.E.2d 590,731 (1991) details why the appeals haven’t changed the findings. the defendants do, however, argue that the facts found fail to result in the conclusion given based off Carolina Power & Light Co. v. City of Asheville, 358 N.C. 512, 517, 597 S.E.2d 717, 721 (2004). Because of that the court decided it will review the defendants’ challenges using a de novo standard of review. The court ended up saying the result will be based off whether a relationship was present when Mr. King signed the arbitration agreement. However, they don’t think it was properly looked at based off a doctor-patient relationship. The court had decided to look at it to see if there was a fiduciary relationship present when Mr. King signed the arbitration agreement. The court went on to say that in order for there to be a breach of fiduciary, that relationship had to be present first. The court then mentions that Mr. King went to Dr. Bryant because of Dr. Bryant’s Knowledge in the surgical area needed to repair Mr.
Dr. Kolecki explained that he didn’t file any petition with the court because of his frustration with Judge Reibman. He doesn’t trust him and felt like it would be a waste of time. Dr. Kolecki might file something in the future if he can get another judge but isn’t sure at this time. Dr. Kolecki will continue to fight for his rights and the rights of his
In some areas, revoking his license and being done with the case was just an easy way out. Not only did he never apologize, but he never attended the meetings regarding the unprofessional and unlawful practices. This shows that he has no care toward the infected patients and his own career. The State Board accepting and agreeing to separate him from patient care was a professional agreement, that will also help to protect the public from cases like these. Harrington has been in the Dental field since the late 1970's and I believe that from the experience he has had over the years, that he would know that following the correct guidelines can help protect the consumer, employees, and himself. I believe that he should have maintained professional boundaries for the patients needs and not for himself and his
relationship with the doctor has been established. In the case Hall v. Hilbun there was a
Further study of the case revealed that the issue with the court case involves the type of criminal intent required, was it in whole or the part intention to breach the anti-kickback statue by entering into an agreement with the doctors? Another concern was did Mr. McClatchey breach the anti-kickback statute? It is my understanding that Mr. McClatchey believes the jury was presented inappropriate instruction on the rule and requested for a clemency which was given. However, the United States government is appealing the court case.
Making sure the patience have a choice is a part of the patients’ bill of rights. These rights include, but are not limited to the patient’s right to respect, choosing a provider, and confidentiality etc. (hcahealthcare.com). The facts of Cobbs v. Grant were Cobbs who was the plantiff was experiencing some pain due to an ulcer that was located in his stomach. Due to this pain he went to the hospital and Dr. Dudley Grant who is the defendant was his doctor. Dr. Dudley informed the plantiff Cobbs that he would need to undergo surgery. Dr. Dudley began to have his conversation with Cobbs about the nature of the surgery, but failed to inform him of the risks that were associated with the surgery. The risks in this case were developing two other kinds of ulcers, which would result in two more surgeries would would cause Cobbs to have to get his spleen removed in one of the complications. Cobbs needed his spleen removed because after eight days of being in the hospital he was finally able to go home, which the next day he was experiencing some pain coming from his
We received the opinions of the plaintiffs’ experts and I have attached them for your review. In a nutshell, the reports state that Frances House and the staff at Ridge Terrace failed to accurately report and/or document Kenneth, Jr.’s behavioral issues and failed to implement behavioral interventions prior to recommending that he be medicated. They also state that Frances House failed to implement a reduction plan for the medications as the regulations require. As a result, the opinions state that his condition has declined and that although he has shown some progress since the plaintiffs took him home, his level of functioning is below where it was when he moved into Ridge Terrace.
What was the majority ruling on the wrongful termination allegations of Dr. Pierce in her case against Ortho Pharmaceutical Corp.?
The case involved with a plaintiff Clinch, the director of heartland regional’s cardiac surgery and defendant Nellestein, director of the hospital’s vascular surgery. The claimant was terminated from the hospital due to poor performance, and increase rate of surgery complication. The plaintiff appeal the decision reached by the circuit court, and requested for the appeal court to consider his case based on the evidence he had presented. The plaintiff argue that the defendant was behind his termination, and the contract he had with the hospital would have existed if the defendant would not have interfered. Likewise, the plaintiff also alleged that the defendants revoke the rules that could have allowed the claimants to perform voluntarily service in the hospital without necessary having a regular contract with them. On the other hand, the defendant argue that the hospital breaches its contract from the claimant because they have the right to do it if they wish. Due to that, he was not the one behind the claimant’s termination of contract from
Furthermore, paragraph 28 found in Counts L and LIV, state “Ridge Terrace was cited for this violation by the Illinois Department of Public Health and the Department of Health and Human Services.” However, Plaintiffs fail to provide critical facts as to when Ridge Terrace was cited and whether or not it the citation related to the care that Ridge Terrace provided Leitzen or another resident. Moreover, such as an allegation is irrelevant whether or not it related to the care Leitzen received and should be stricken as such.
I would like to file an appeal. On December 8.2016 my primary care physician Dr. Christopher Prihoda sent a referral to Dr. Munir Shaw, of the Memorial Herman Sports Medicine & Rehabilitation, due to carpal tunnel. After being assessed Dr. Shaw then sent me to Dr. Lee Pollack for a nerve test for both hands and neck. I had spoken to an Aetna representative as well as a member of Dr. Phrihoda’s staff who stated that in most cases if a specialist sends a patient to a second specialist they are to contact my primary care physician so that a second referral is sent. If I had not been given this information I would have requested the second referral myself. Needless to say a referral to Dr. Pollack was not sent and I received a bill from
He asked if the review was de-novo. Patrick recalled the Fishbach case which he and I had earlier talked about in my email. He pointed out that where there is no specific penalty for a specific transgression we couldn’t argue that the discharge was excessive under the contract. I stated that I felt that this was not a case about what the standard of review is but rather whether the arbitrator’s award is passably plausible under first circuit case law. I stated that the arbitrator had the right to consider a bad investigation, a good investigation, or ignore the investigation completely and decide the case to de-novo as along as his decision is plausible under the contract. I pointed out that the contract does not have any requirement for the arbitrators standard of review other than “cause” I said that I disagreed with Charleson that it was necessary for me to read the transcript of the arbitration because the most important question was whether within the four corners of the arbitration award there was evidence that supported the arbitrators interpretation of the contract, so that if the misconduct
The majority (Allsop A and Tobias JA) found that there was an error on the trial judge’s part in finding that Mr Stephens owed Mr Harley a duty of care. Hodgson JA, the minority, dissented, claiming that there was in fact no error. The reasoning for this is as
It appears that the Court of Session declined to follow the ruling in the recent case of Jones v North West Strategic Health Authority where based on similar facts the risk of shoulder dystocia was perceived as sufficiently serious for the expectant mother to be informed of. However, it appears that the Supreme Court did follow this approach to uphold that the risk of shoulder dystocia was significant, thus Mrs Montgomery ought to have been informed of the risk.
This appeal arose from a judgment rendered in favor of the ROBERTS IN THE MATTER OF BABY JESSICA in which the judge found that defendant was legally mistreated due to the fact that the doctor didn’t fully informed the patient what kind of damage could occur in the baby also the hospital has no right to tell the patient what to do. The Roberts family reaction was sadden because they didn’t want to raise any deformed baby, also after having three normal children and then at the end expect to have a baby where they have provide total care for the rest of the baby’s life. I believe if the doctor took the time to explain to them the damage that can cause the Roberts family could have been able to make a better decision or find other ways to resolve
this prompts a conclusion. Doctor cordyre had performed negligently. Client has been separated on a restricted ground. Claims are under health and disability.