GEICO Case Summary

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:

Husband and wife, Gary and Renna Pehle were infected with HIV at the time they applied for life insurance with Farm Bureau Life Insurance Company. The couple did not know they were infected with HIV at the time. The insurance company ran blood tests from the Pehles. The Pehles then signed a contract form which was given to them by a Farm Bureau agent. A nurse from Farm Bureau watched as the Pehles signed the contract. Blood samples were sent to a third-party laboratory called LabOne. Farm Bureau then sent a notice to the Pehles rejecting them from their life insurance policy, which advised the couple that if they wished to have their application reviewed to contact their physician. The Pehles did not take any action in doing so. Two years past and Renna Pehle is confirmed to have AIDS. The Pehles then sues Farm Bureau, LabOne, and LabOne’s medical director Dr. J. Alexander Lowden for negligence, for failing to tell them they were HIV-positive.

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

The Senior Hospitalist acknowledged the prior relationship in his note, where he falsely claimed that he would not only notify me of the admission, but enlist me as a consultant. Neither occurred.

A civil suit is commonly derived from a private party or individual, who alleges damages from duty of care. Once a civil case begins, it is the duty of the plaintiff to prove, with evidence, duty of care, breach of duty, causation, and damages. Conversely, the defendant must prove their affirmative defense against documented allegations. The Oliver versus Brock case proves the importance of supporting evidence as opposed to hearsay statements, to prove the truth of the matter. In the Oliver versus Brock case, Cathy (Plaintiff) filed a lawsuit against Bryan Whitfield Memorial Hospital of Demopolis and the treating physicians Dr. F.S. Whitfield, Dr. Paul Ketcham and Dr. E.C. Brock (Defendant) for negligence of care. Analyzing the facts in

2. Facts: Plaintiff Irene George (P) is filing suit against Defendant Jordan Marsh Co. (D) for mental anguish and emotional distress which resulted in two heart attacks. D sold goods on credit to P’s emancipated son, who purchased them on P’s account. D alleged that P stated in writing that she would pay the debts (which she did not incur), even though it is understood that P did not make this guarantee. D then attempted to intimidate P into paying these debts she did not owe by calling her at late hours, by mailing her bills, by sending her letters stating late charges were being added on and that her credit had been revoked, and by numerous other tactics. P suffered great

The case was based on plaintiff claims that they were engaged in protected activity of investigating potential false claims submitted by the hospital to the government. According to the suit filed, a doctor on site was involved in a kickback agreement with the hospital anesthesiologist, Dr. Brad Barth, the husband of one of the plaintiffs in the case.

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.

does not present a justiciable issue); Di Portanova v. Monrow, 229 S.W.3d 324, 329 (Tex. App.—Houston [1st Dist.], 2006, pet. denied) (beneficiary could not bring declaratory judgment action to resolve dispute over how trustee should exercise discretion given to trustee in the trust instrument). Here, no justiciable conflict exists because Texas law clearly establishes that Plaintiff has no equitable (or legal) interest in the settlement funds paid by Geico to St. David’s.

No, Based on the facts, Brandt does not have a reasonable case against Health Center. Her claim does not look reasonable according to the case because this is the mix-contract of goods and service, and dominated by service. Health center is likely to recover the lawyer’s fees because there is no real case exists between Brandt and the Center.

Plaintiff further asserts that the Defendant breached its duty of care to her by: (1) “failing to fix a hazardous condition within a reasonable time;” (2) “failing to adequately warn plaintiff of a hazardous condition;” and (3) “otherwise failing to exercise reasonable and due care under the circumstances.” The Plaintiff is seeking compensatory damages in the amount of two hundred thousand dollars, plus interest and costs.

1. What liability do the other six partners in this medical practice have in connection with this lawsuit?

1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?

Here are some examples of what constitutes "bad faith" on behalf of the insurance company:

"[a]n insurance company has a duty to act in good faith in settling claims and a breach of that duty will give rise to a cause of action by the insured." Pasipanki v. Morton, 61 Ohio App. 3d 184, 185, 572 N.E.2d 234 (1990) (quoting Bean v. Metro. Prop. & Liab. Ins. Co., 9th Dist. No. 13543, 1988 Ohio App. LEXIS 4275, 1988 WL 114464 at *1 (Oct. 26, 1988)). Gekko did not act in good faith to settle Vic’s claim against Donna, and their failure to do so enables Donna has a cause of action against Gekko.