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.
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.
“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
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).
The Beth Israel Hospital and Deaconess Hospital were consolidated and became Beth Israel Deaconess (BID) in 1996. BID operated under the Care Group Systems (CGS), which was an affiliation of some Boston-area hospitals. The BID hospital system was in anarchy. There were significant operating losses, amounting to millions of dollars each year. BID management seemed incapable of implementing turnaround plans. The hospital experienced tremendous employee turnover and suffered from poor patient care.
In the first of two court cases between 1950 and 1962, the courts ordered Mytinger & Casselberry, Inc. to change their claims of Nutrilite vitamins positively aeffecting diseases like cancer, arthritis, asthma, heart trouble and tuberculosis. They changed their sales booklet, but most of the claims in the booklet was were still very misleading. After the FDA went on a rampage to seize as many of Nutrilite’s products as possible to force them to correct their misleading info or face going to court, Mytinger & Casselberry filed suit against the FDA, stating through the seizures they are trying to run them out of business, before they could make the necessary corrections, i. In a fairly lucky twist theirir the Judge in their case Judge Goldsborough, who was very much against the FDA, found in favor of Mytinger & Casselberry and issued a restraining order against the FDA, they went to trial and on
In Alabama, Liles C. Burke has been selected for the government region court in the Northern District of Alabama. As of now, he fills in as a judge on the Alabama Court of Criminal Appeals. He is additionally an officer in the Judge Advocate General's (JAG) Corps of the Alabama Army National Guard. In two striking cases, Burke protested overbroad use of weapon laws. In the two cases, he was a nonconformist in the Alabama Court of Criminal Appeals. The two cases later went to the Alabama Supreme Court, which toppled the feelings and vindicated Burke's disputes. 2015's Tulley v. City of Jacksonville, Ala., was the primary case. Jason Dean Tulley straightforwardly conveyed a gun into a credit union. He was spotted by an on-holiday officer and
That the modification involved a subsequent remedial measure. involving the issue of whether the federal law requirement that generic drugs must bear the same FDAapproved labels as their brand-name counterparts preempts state law claims for failure to warn? Answer Selected Answer: That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed. That federal law preempted state law claims for failure to warn. Correct Answer:
As indicated by the scenario it seems that the decision problem is a matter if the accounting systems annual conference that is previously scheduled to occur on September 13-16,2005 should be canceled, due to the fact Hurricane Katrina has occurred and demolished building and homes leaving them in ruin in the city of New Orleans, Louisiana. The primary issue thus becomes does the board or committee moves the conference to a future date or have conference at another location that would thus incur higher costs for hotel for patrons of the conference in addition to it would be a price increase for flights that were already scheduled to New
At 14:32 Haring was arrested for OWI and fleeing the scene of an accident. He was taken away for booking and a Data Master Breathalyzer test.
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.
In In re Marriage of Granger, 197 Ill. App. 3d 363 (Ill. App. Ct. 5th Dist. 1990),
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. Rather, there are serious questions as to whether “the negligence resulted in and was the proximate cause of loss to the client.” Kendall v. Rogers, 181 Md. 606, 611-12 (1943). Indeed, the estate will have to demonstrate that Ms. Green would have prevailed in proving that one or both health care provider defendants committed medical negligence that caused her to fall into the diabetic coma.
Potential Placement with Marcquel Frazier’s paternal aunt, Monique Frazier ,located at 801 ½ W. 37th St. Savannah,GA 31415.
The Plaintiffs felt that since the hospital was licensed and accredited that they should be held responsible for their employees and their actions. It states in the regulations that any infraction of the bylaws imposes liability for the injury. At any time if Dr. Alexander had questions or concerns he could have reached out to an expert in this field to consult
Holt Renfrew, is high-end retail chain for designer fashions and cosmetics that imports their products from Europe, Asia and USA. They are facing some challenges regarding the size of their current warehouse and inventory levels. The warehouse is not big enough to accommodate all their inventory and as such goods are always scattered everywhere. They are also