Hall V. Hilbun

Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.

A health care provider must understand many aspects of statutory duty. Duty is “a legal obligation imposed on one to conform to a recognized standard of care to safe guard the rights of others”. The standard of care is usually related to medical malpractice cases. Standard of care is defined as “the caution and prudence that a reasonable person would exercise under the circumstances or by appropriate authority for such situations”. This is mainly of importance because all physicians are expected to perform within the guidelines of this duty, and this standard or care changes depending on the circumstances. “Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witnesses regarding whether the standard was met”(Showalter, 2014 p 139). Negligence results in the failure to meet this standard of care, and the jury usually decides if the defendant is guilty of committing a negligent act. Causation is an aspect of negligence. The defendant could be held liable for negligence if the act was considered to be foreseeable, and if the injury occurred from a breach of duty.

Negligence is the failure to do something. Many medical cases are filed as medical malpractice suits, “medical malpractice is professional misconduct. Malpractice differs from negligence because it is performed by a license medical professional” (Flight 2). The case of Horton V. Niagara Falls Memorial Medical Center can be used as a primary example where negligence, “failure to take reasonable precautions to protect others from the risk of harm” (Flight 33), is visible.

The question at hand was that how much evidence must an individual, who was already trialed and convicted of a crime, present to a court in order for the court to review his case (“House v Bell”).

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.

Negligence is when someone is failing to do something that a reasonable person would do in a similar situation or, doing something that a reasonable person did not do in a similar situation.

Elaine Betts is addressing Mr. William McMurtrie about changes that might be necessary for the survival of Dana Hall. This imaginary dialogue is based on a case study titled Dana Hall: Funding Mission article by McFarlan, Leonard & Tritter, 2006.

The article’s introduction briefly states that there is a history of trust and medical mistreatment between

The work product doctrine is a limitation on discoverable material allowed to be used during litigation. It protects certain materials that have been prepared in anticipation of litigation of being discovered by the opposing counsel. It is necessary that an attorney be able to work with a certain level of privacy and not have his work be sought out to scrutiny and discovery by opposing counsel. In an example of a case Hickman v. Taylor, 329 U.S. 495, (nationalparalegal.edu) the attorney’s notes were sought out by the opposing counsel in reference to a boat sinking, however in performing his various notes and compiling his defense the attorney had also placed his own personal theories and plans for strategy within his notes. The courts ultimately

It Takes More Than Rest “The Yellow Wallpaper” is a story by Charlotte Perkins Gilman describing the narrator's insanity as a way of protesting and attacking the medical establishment in the 19th century. Women were viewed as mentally and physically weak and fragile. The author uses narration, an important element of the story, and the reader constantly has to evaluate whether the narrator is reliable and credible. In “The Yellow Wallpaper,” Gilman uses the characters John, a physician and the narrator’s brother, also a physician to show the misconception that doctors are always right; however, patients sometimes should take matters into their own hands.

Duty requires a willingness to accept full responsibility for your actions and for your subordinate's performance. It also requires a leader to take the initiative and anticipate requirements based on the situation. Duty means accomplishing all assigned tasks to the best of your ability. The proper and faithful performance of duty is the standard. The value and efficiency of the soldier is measured, and the measure of his efficiency and value is not determined by the prominence of the duty which he performs.

Physician has not done a good job of developing evidence in support of his counterclaims other than his own testimony. Local counsel reports Physician’s counsel primarily practices in the criminal courts and

Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)

Decisions of the two primary protagonists, the doctor and the patient, have an impact on those directly involved. Families of the patients are extremely on edge, and fighting for the survival of their loved ones. While operating perceived notions of what's best for the patient, they may sometimes make rash decisions. Similarly, they in turn express concern over patient choices made during vulnerable times. This leads them to believe that only they know what is best for their loved ones. It is both their obligation and their responsibility to find the balance and aid in decision-making without injecting personal wants and opinion. Another party that seeks control and is impacted is the state legislators. Seeking to appease the masses, they must find the balance between societal responsibility, obligations, and wining favor. Legislators are responsible for setting the

Sue went up to the busy front desk where phones were ringing and patients were waiting to schedule appointments. She knew it was not a good time to speak with the front desk staff. She decided to check the patient management system to see who had been making the reminder phone calls the day before. She saw that it was Denise and went back up to the front, leaving a note on Denise’s desk that requested she come see her in her office when the front desk cleared.