In the case listed here Dr. Loren J. Borud was scheduled to perform surgery on Mr. Michael Hicks early on a Friday morning. The surgery was liposuction and a scar repair procedure. Dr. Loren informed the patient the procedure would take approximately ninety minutes, but
4. Apply the concepts of beneficence, justice, confidentiality, and nonmaleficence to this case. a. The resident physician violated beneficence, because he did not do good by respecting the patient’s autonomy and he was being uncivil.
The hospital and physician were both found to be negligent. Elements of negligence are (injuryclaimcoach, 2017):
Our case assignment deals with Dr. Williams a recent medical school graduate who is licensed and meets the requirements to legally practice medicine. Graduating from an overseas medical school made it difficult finding employment so he chose to operate a medical clinic providing abortion services based on a very profitable clinic operated by a former classmate and friend. Prior to leaving my job as his assistant I witnessed a patient, Joan, suffer an injury resulting from an error by Dr. Williams. In anticipation of Joan filing a lawsuit Dr. Williams shows Joan’s medical records to a friend and asks for advice. His friend tells him to contact his medical malpractice insurance carrier. Has there been a HIPAA violation? Is Dr. Williams
My request to see a new specialist was denied, even know it was eventually approved, it took months. When I was finally able to see the new physician, he diagnosed me with the problem on my very first visit. While I was being told that I was lying about my injury, my ankle was only getting worse. I was diagnosed with having a stage three ruptured ligament, but because it took 17 months to find my injury, I damaged my other ligaments and the tissue was not supporting my bone, so my ankle bone was poking through my tissue every time I walked, the doctor was amazed that I was still able to walk on it, even in a cast. My new specialist put in a request for surgery, which was originally denied, and it took four months to finally receive the surgery. I received this surgery during my first year of college, in the middle of the spring quarter. Having surgery in the middle of a school quarter created a lot of challenges. I had surgery very close to the time where most professors had midterms, so I had to create arrangements with my professors to make up the exams and other
Preliminary Statement Defendant Dr. Brandon Iron respectfully moves the Court, pursuant to Rule 3212(a) of the New York Civil Practice Law & Rules, to grant a motion for Summary Judgement in response to Plaintiff’s intentional infliction of emotional distress Claim. Plaintiff alleges that Dr. Iron intentionally inflicted emotional distress while performing a surgical procedure. Iron contends that the marking does not satisfy the extreme and outrageous behavior element. Absent such extreme and outrageous behavior, the cause of action cannot survive as a matter of law and the defendant should be granted a Motion for Summary Judgment.
The morning of the surgery, the patient was undergoing a surgical procedure asked if I could explain the procedure to her since I am a registered nurse. She has claimed that she did not fully understand the physician’s explanation when he came to see her. I politely told her that I will page for the physician so he can come and explain the procedure again, but she was not happy and said: “aren’t you a nurse?” So, in order to resolve this dilemma, I had to tell the patient that nurses practice under the state nurse practice act guidelines in accordance with state rules. Therefore, explaining a surgical procedure that a physician will perform is not part of my scope of practice. It is the duty of the physician performing a surgical procedure to obtain an informed consent from the patient, not the nurse. Meaning the patient has fully understood the risk and benefit of the procedure and verbalized understanding to the physician before signing the consent (Westrisk, 2013). The patient seemed to understand and agree that I should call the physician for more clarification about the
The Verdict (Lumet, Zanuck, & Brown, 1982) is a powerful film about medical malpractice and the concealment of evidence. A young woman arrived at a Catholic hospital to give birth. The admitting nurse noted in the patient’s history that the patient ate within one hour of admission.
This case is extremely relevant to what is known as the four D’s of negligence; duty, dereliction, direct cause and damages. Duty is when a doctor and a patient have formed a relationship and said doctor has taken on the responsibility of taking care of the patient. Dereliction or failure to perform a duty, there must be some kind of proof that the doctor somehow neglected the doctor neglected the patient. Direct cause, there must be some kind of proof that what happened to the patient was a direct cause of how the doctor conducted himself or his failure to act which resulted in injury. Damages a patient must prove that harm was incurred by the direct result of the physicians actions.
Finally, is it important that you feel comfortable discussing your case with your attorney, as you may work with this person for several months. You will have to provide your personal medical records to this person and discuss your health history. If you are uncomfortable doing so, your case may
Dr. Harried is not doing ethical practice. His ordering based upon what the insurance will cover is unethical. His only interest to earn money. One year ago he stopped taking patient with one type of insurance because it was paying less than others. Dr. Harried took an oath to place
She reports that a lot of current medical condition stem from riding horses for 30 years and a lot of physical labor. The patient has 2 children-females. The patient does not get along with her oldest child due to conflicts with her patient's father and the patient was upset that her daughter sold one of her horses for profit. The patient does in fact get along with her youngest child, who is 25 years. The patient discussed the marital issues with her ex-husband. The patient was married for 18 years and divorced her husband in 2003 due to verbal, physical, mental, and fiancial abuse. The patient reports she is happy that she left her marriage; however, her husband had caused a lot fiancial issues in her life by fraudlant acts. The patient had attempted to go after her husband for the frauds he did by using the alimony and her name, but the patient reports she had a conflict with her attorney. Till this day, the action was
Dr. Haviland requested an re-evaluation for patient who is a 18 year old female who presented to the ED with self harming behaviors or self mutilation, and homicidal ideations towards guardians. The patient has been non-aggressive since arrival to hospital. The patient currently reports still having thoughts of self-harm. The
One legal issue I can recall is a sentinel event that happens to a 46-year-old male. Even looking back on that day I still can’t believe the events that led up to his untimely death. The patient was supposed to go home the previous day but was transferred to the
Introduction: 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