EMTALA Violation Case Summary

This case involves a physician, Dr. Burditt, who had disregarded the Emergency Medical Treatment and Active Labor Act (EMTALA). This act was implemented to prevent “Medicare-participating hospital from “dumping” patients out of the emergency room” (Pozgar, 2016, p. 245). In this case, Dr. Burditt had had examined the patient and made the decision to transfer her to another hospital that was located quite a distance away. When the patient was evaluated, it was noted that she had “dangerously high blood pressure (210/130) and was in active labor with ruptured membranes” (Pozgar, 2016, p. 245). Dr. Burditt should have continued to treat this patient because of her symptoms, which could have resulted in the death

An experienced nurse Julie Thao was taking care of 16-yeas old Jasmine Gant who was about t give a birth. Thao is accused of making a mistake that had terrible and tragic result on the life of a pregnant teenage, unborn child, Gant’s family, health care, and Thao’s life. Thao mistakenly gave Gant an epidural anesthetic intravenously instead of an IV antibiotic for a strep infection. Within minutes of receiving the epidural IV, Gant suffered seizures and died. Her child, a boy, was delivered by emergency Caesarean section and survived. So what caused this tragedy to happen? According to investigation, Thao improperly removed the epidural bag from a locked storage system without authorization, she did not scan the bar code, which would have told

Hello all, my name is David Jamison, MHA. I am representing Marion General Hospital as the committee chairman of the ethics committee. I am currently reviewing the case involving female patient Margie Whitson. The patient is a 95 year old patient whom wishes to have her pace maker “turned off”, due to her unwillingness to live. The death of her only remaining son was the last event that, that had forced her to contemplate the reason why she still lives. Mrs. Margie Whitson is no stranger to loss. When she was younger, she lost her youngest son to a severe motor vehicle accident that took his life at the early age of 30. She injured herself over 10 years ago, and received a hip fracture. Her most recently bout was

The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242).

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

In the 25th week of her pregnancy, the mother was advised by the nurse to remain on bed rest to avoid further complications and potentially hurting her unborn baby. The mother continued to work from the hospital placing additional stress on the baby despite the nurse’s appeal that such stress can cause the baby harm. Attempts to stop premature delivery were made but failed, the mother asked the medical team not to take any extraordinary measure to save the baby. The premature baby lived but the mother showed little interest in his health and wellness. The nurse tried to the best of her ability to spark

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).

While the seriousness of a patient’s death should be investigated, the hospital failed to act promptly and investigate the supervisor’s or human resource (HR) department’s denial of reasonable accommodations or the previous errors made by the nurse. Therefore, the wrongful termination seems more likely to have been the case in this situation. The defense will show that rather than terminating her employment earlier the hospital waited until something catastrophic happened. The nurse took appropriate action discussing her health condition diagnosed by her physician that precludes her from working in the ER at full capacity with her supervisor. The nurse should have been given alternative assignments as appropriate or disability leave if no other alternative was available and should not have been terminated wrongfully after the incident (Pozgar,

This case involves Mr. Horton, his wife, and his mother in law. While Mr. Horton was a patient at Niagara fall memorial medical center the nurses noted in his medical records that he was dizzy, confused and unable to focus. Horton was in a two story private room with a window

She was transferred via ambulance to Ardmore Acres. Once the patient arrived at Ardmore Acres, she was refused permission to use the telephone. However, days later, Mrs. Stowers located an unlocked telephone, and was able to contact her relatives. This lead to her release from Ardmore Acres due to a court order obtained from her relatives that she contacted. Mrs. Stowers filed suit against Dr. Wolodzko (Dr. Smyk and Ardmore Acres were dismissed from the suit). Dr. Wolodzko was found guilty of three torts against Mrs. Stowers, which included false imprisonment, assault, and battery (Stowers, 1971). In my opinion, I believe the decisions from this case were correctly ruled, especially the tort of battery.

After the incident, Jones inquired for medical care multiple times. Here, admittedly, the Prosecution was right about one thing. Nurse Robin Rodgers did not meet the standard of care. But, they were wrong about another. Nurse Robin Rodgers was not reckless, but rather, she was negligent. Contrary to being reckless, negligence is acting without the knowledge of the consequences and risks.

A medical malpractice case was filed by Mr. William M. Odom and Mrs. Ramona R. Odom in 1994 against the State of Louisiana through the Department of Health and Hospitals. They lost their fourteen year old adopted son named Joseph Paul Odom (Jojo), who died of hypoxia at the Pinecrest Development Center in Louisiana, due to nursing negligence, on August 19, 1994.

The Department of Human Resources received a report on Ms. Sue Salter on 9/17/14 alleging Ms. Salter a paraplegic who is paralyzed on her left side was living in a home with no water, power, and had an inadequate caregiver. During investigation, utilities were reconnected and Hospice service provided. Hospice stated Ms. Salter was losing notable weight and found lying in urine during visits. Due to this, several bedsores increased and the doctor ordered a catheter and low air mattress. Ms. Harville, the caregiver was educated on wound care numerous times and demonstrated a working knowledge but choose not to administer wound care.

. 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

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.