The next three days the hospital finally discharged Mantis to go home I was happy to have him home knowing that no one would be trying to kill him there like they were in the hospital. He would no longer be subjected to cruel treatment and their insensitive behavior he was home where he was loved and cared for unconditionally.
Mantis, Adam, and I had a task ahead of us to help him recuperate and try to improve his memory. We played a lot of mind games, memory games, word games, matching games, and card games. It was a long recovery but we all work together to help Mantis improve. It was a while before we heard from the lawyer again and when we did she declined to take the case. We inquired why was she declining, what is the problem? She answered the burden of proof is on us and negligence is hard to prove. We pointed out the nurse that helped him from the floor when he fell is a witness to what was going on, the night nurse stated he fell and I saw them standing around when my husband was calling out for help they did nothing to help him until I said something. How much more proof do you need? She insisted there was nothing more she could do and walked away leaving us high and dry. Anyway we contacted another attorney about the case it was a while before we heard from them. They declined to take the case as well
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Betty called and informed us there was a spot still available for one more person to go on the trip so I told her to book it and quickly called my sister asking if she wanted to join us on the trip to Jamaica? Of course she’d love to go but she didn’t have the funds. Assuring her not to worry about it we’ll cover it and all she needed was a passport and wouldn’t you know it she already had one. That was great I tell her we’ll be leaving next week be packed and ready to go meet us at the house. Mantis, Adam and I were excited while packing our suitcases getting ready for our trip to
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.
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).
Linda, my best friend's mom had asked me if I would want to go with their family to Florida. When she asked me I thought she was kidding, but when she said, "I need to know because if you are I need to get you a airplane ticket," I knew she was serious. I was so excited I could have kissed her. I was going to Florida with my best friend, Lisa, and her family. The people from Lisa's family that were going were Tina, Randy, Ashley, and Linda. Tina is Lis'?s sister,
M was taking a look at his leg that was injured but seemed to be healing. All was thought to be well until one office visit the doctor went across the hall to check on another patient who seemed to have an infected leg. The doctor left the door open where confidentiality here was obviously not being taking into consideration for the patient he was seeing as well as others who were able to hear them. Since the door was open, his parents noticed that he did not change his gloves while entering that other room and came back to check on their son with no gloves on. Dr. M was concerned about Jacobs leg and told him to come back the following week while treating it with antibiotics. The following week he comes back only to see that he has developed osteomyelitis. This was the same infection that the other patient developed while under the care of his supervision. Jacobs delay in his recover cost him the opportunity to play football and a college scholarship. Jacobs’s parents then resorted to suing Dr. M because of his negligence and lack of medical
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
If the defendant would have adhered to the numerous safeguards for nurses, it could have prevented the alleged wrongdoing. According to the American Nurses Association’s Code of Ethics for Nurses, nurses must advocate for proper assistance for coworkers when indicated. This supports nurses in early recovery when they return to work (O’Neil, 2015). If the coworkers of the defendant would have recognized her issue and spoken up prior to December 9th. 2015, than this hearing could have been prevented. It is the nurse’s ethical responsibility to safeguard the patient, the public, and the profession from prospective harm when a nurse appears to be impaired. This can be
The issue in the case, Niles v. City of San Rafael, was negligence. Kelly Niles did not receive prompt and proper care from a team of health professionals when he was taken to the emergency department to get examined. The nurse “obtained a history of the injury and took Kelly’s pulse and blood pressure. The nurse was correct in taking Kelly’s vital signs, but it is also her duty to examine him thoroughly and monitor his vital signs during his complete stay. There was also an issue in his skull x-rays. They were analyzed, but soft tissue swelling was not noted until later on. That should
Finally we landed! This is going to be the best vacation ever. Punta Cana is so beautiful and I am so excited to go to the Hard Rock Resort. My mom is going to be a wonderful bride. As I walk out of the nasty old looking airport I see a big van that will take us to our resort. My moms soon to be husband Billy has two kids, Brant who is fifteen and Alyssa who is eighteen. Alyssa and I will be two of the four bridesmaids, Brant will be one of the four men of honours. My adorable little sister Addie will be the cutest flower girl. My mom and Billy brought along two friends to be bridesmaids and men of honours.
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.
This proceeding before a Medical Review Panel, pursuant to La. Rev. Stat. §§ 40:1299.41, et seq., is brought by Jimmy Martinez against multiple health care providers, including Dr. Mark Kappelman, a qualified health care provider entitled to have the claim filed against him reviewed by this Panel. The claims made against Dr. Kappelman are mere allegations without support and proof. In a medical malpractice case the burden of proof is on the claimant to establish that Dr. Mark Kappelman’s actions in this matter fell below the standard of care required of similar health care providers. The claimant also bears the burden of proving whether any such alleged act or acts of negligence caused any injuries. It is the duty of the
The plaintiff Yolanda Pinnelas has evidence of a documented necrotic tissue injury that resulted from a Mitomycin infiltration that was not appropriately monitored on the night in question. There is no documentation that would support adequate monitoring up to the point of the infiltration. However, there is evidence proving that there was a nursing staff shortage on a unit with a high census of sick patients. The defense could claim that Jeffery Chambers did not have adequate rest and his fatigue contributed to the inadequate monitoring of Yolanda Pinnelas. I major defense for the plaintiff is if it is not charted it did not happen. The documentation in this case study does not paint a clear picture of events that took place and leave
This could encompass extracting medical records, interviewing witnesses, hiring experts, and communicating with the responsible parties and their insurers. We will build a solid case based on evidence and take the matter to court if needed. As a family member of the victim, you are entitled to retribution for your loss. The attorneys at www.needaninjuryattorneyiowa.com are here to listen to your pain. We can walk you through the process ahead and let you know what options you have available. In this time of pain, it is vital that you focus on healing as much as possible. But your family needs someone knowledgeable in the law to settle these
In 2004 the plaintiff Andrea Larkin suffered from ongoing bouts of dizziness, she sought the care of the defendant Dr. Jehane Johnston of Dedham Medical Associates. She underwent MRI and CTA testing twice, once during 2004 upon her initial visit with the defendant and another in 2005 for a follow up. During both times it was determined that the plaintiff showed abnormalities in her brain- a venous varix in the left side and an aneurism on her right side of the brain. In 2006 Mrs. Larkin claimed that she was due for another imaging study but the defendant failed to order the tests or set up a referral. Dr. Johnston also failed to place information regarding her condition on the patient’s problems list database of the hospital. The plaintiff
ACE Sport, Nurse William and Dr. Andrew show great negligence in their professional activities and should be sued for the same. All parties contributed to the loss of both extremities and have generated damages that Bobby will have to deal with for the rest of his life. ACE Sports could argue that Bobby could be charged with contributory negligence, in that he utilize their product in a way that it was not intended to be used. Basketball rims and courts are not designed for kids to give each other boost in order for them to dunk a basketball. While that may a desperate grasp to justify the wrong doing of the contributing parties it is the only defense that I can see a lawyer can take. All could have been avoided if the nurse and hospital would have followed EMTALA and if the Surgeon just would have paid attention to detail. All of their failures will have a child suffer for a lifetime. Medical treatment Centers need to ensure the all staff members know their roles and practice the appropriate standard of
Henceforth, after all of the formalities and introductions were made everyone piled into the limo and they traveled in silence to the Wall and they walked together down the length of it, stopping at the names of the men they knew and giving a silent prayer for each one of them. It was when Jackson stopped in front of one name in particular and put his right hand on the gleaming black wall next to it before bowing his head everyone stopped and the raw emotion could be felt and seen on Jackson’s face. Jackie recognized the name beside his hand and placed her hand on his shoulder just ahead of Mangus placing his hand beside hers because the name next to his hand was James D. MacKenzie Jr., Jackson’s older brother. So everyone backed off to allow Jackson to have his private moment with his brother and the two people he was the closest to, Jackie and Mangus. Even when Jackson went down on one knee to light a candle in front of the panel, not only in remembrance of his brother, but of all the men he served with in Vietnam who never came home, their hands remained.