Introduction “Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite
Discussion from plaintiff’s side Aloe could argue that the cause of death of his wife is due to the defective and unreasonably dangerous product that Toys R Us knowingly sold in the market. The regulation
See Electcrostim Med. Servs., Inc. v. Health Care Serv. Corp., 962 F. Supp. 2d 887, 898-99 (S.D. Tex. 2013) (granting motion to dismiss); Encompass Office Solutions, Inc. v. Conn. Gen. Life Ins. Co., No. 3:11-cv-02487-L, 2012 WL 3030376, *8-*9 (N.D. Tex. July 25, 2012) (denying motion to dismiss); Team Healthcare/Diagnostic Corp. v. Blue Cross & Blue Shield of Tex., No. 3:10-cv-1441-BH, 2012 WL 1617087, *6 (N.D. Tex. May 7, 2012) (denying motion to dismiss); Mid-Town Surgical Ctr., LLP v. Blue Cross Blue Shield of Tex., No. H-11-2086 (S.D. Tex. Apr. 11, 2012) (granting motion to dismiss); DAC Surgical Partners, P.A. v. United Healthcare Servs., Inc., No. H-11-1355, 2011 WL 3841946, *6 (S.D. Tex. Aug. 30, 2011) (denying motion to dismiss);
FACTS: The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.
With regard to Ms. Green’s claims against O’Brien, it is apparent that Ms. Green was O’Brien’s client, and that O’Brien owed Ms. Green a duty. Should this case proceed to trial we do not anticipate that we would argue to a jury that O’Brien did not neglect this duty.
On March 26, 2008, Hughes filed an initial grievance against Boston Scientific in the district court of Mississippi, seeking recovery of injuries allegedly caused by the HTA medical device. A summary judgment was awarded to Boston Scientific on the court’s conclusion that all claims made by Hughes are preempted under the Medical Device Amendments of 1976, 21 U.S.C. § 301 et seq. On
The fear of medical malpractice lawsuits is an issue faced by all who practice medicine. To avoid public criticism by colleagues or the public from their profession and sometimes lose their ability to practice, physicians, and doctors feel forced to follow published standards of care. These treatments often include prescribing medications made to treat
Module 06 Written Assignment Hall Vs. Hilbun Eliza B. Gray Rasmussen College Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.
Findings from a 2012 Study of Medical Negligence Claiming in Scotland revealed that patient support and advice groups find that when a complaint is made to the NHS in relation to a medical injury a defensive attitude tends to be adopted in response to such complaints. According to Professor Sir Ian Kennedy, Chairman of the Independent Parliamentary Standards Authority, this defensive attitude is what leads to claims being raised against the NHS. He stated that the current clinical negligence regime is what prompts defensiveness within the NHS and that this problem will persist as long as the fear of litigation and stigma of settlement remains. In the literature reviewed there seems to be a general consensus that the requirement for the claimant
In this case, Allstate sued the defendant chiropractic practice and doctor for allegedly creating an “elaborate scheme to defraud” under Section 17.05 of the Illinois Criminal Code. Allstate alleged that the defendant created and submitted false and misleading medical reports, records and billings for treatments for chiropractic and diagnostic services. Further, Allstate claimed that the defendant doctor routinely ordered unnecessary and unwarranted diagnostic testing which he conducted in a mobile x-ray van. Allstate further claimed that it had made “substantial payments” based on the submission of settlements and verdicts obtained against Allstate’s insured in their third party personal injury lawsuits. Allstate also alleged that the defendants improperly billed a lay assistant’s time “as incident to physician services” even though those assistants were not properly trained in order to bill for such a
According to Ghillyer (2014), medications and drugs have many uses that are often not approved by the Federal Drug Administration. In 2012 Abbott Laboratories were involved in a lawsuit related to illegal marketing. The company promoted a medication to control and treat agitation, aggression, and schizophrenia. The medication had only been approved for treatment of seizures, migraines, and bipolar mania. GlaxoKline-Smith was also involved in a settlement regarding off-label promotions for marketing Wellbutrin for weight loss, sexual dysfunction, substance addiction, and behavioral
5.2 Negligence The question in this case is whether Wilhelm acted negligently by failing to warn Flores of the dangers of working with beehives. The case is as such, Curtis Wilhelm owner of beehives and maintained them on property that he owned. John Black, an operator of a honey business, purchased some beehives from Wilhelm. Black employed Santos Flores Sr. to pick up the purchase of beehives from Wilhelm. Neither Black nor Wilhelm informed Flores of the dangers of working around bees. Black provided Flores with a protective suit to wear around the beehives. (Cheeseman, 2013)
Wrong kind of dye used to test the location in spinal cord caused the patient’s death in Tufts Medical Center. The neurosurgeon ask for a specific dye to provide it to the patient’s spine, however the pharmacy provided the different one due to the lack of the proper one. After checking the label, the neurosurgeon injected the dye to the patient’s spine. The patient woke up with a terrible pain and seizures and died the next day. The dye’s label warned against using it in a spine injection.
Critical Thinking Mis Levine, had taken Phenergan under the care of a physician which led to the her being diagnosed with gang green which led to the amputation of her arm. Levine, filed a medical my practice lawsuit against the physician as well as the manufacturer of the drug Wyeth in the State of Vermont, in the state court not the federal court. Under her claim she argued that Wyeth had prior knowledge that the drug Phenergan entered an artery would lead to gang green with the risk of possible amputation. This risk was not properly disclosed on the warning label required under Vermont state law. Wyeth, position regarding this claim was that under the FDA they admit an adequate disclosure and warning labels that the FDA had approved.
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