Ramin Saeedpour V Virtual Medical Solution Case Summary

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

As healthcare cost, rapidly increase, healthcare professionals are finding innovative ways to contain cost. Occasionally, the healthcare organization may find themselves entombed in an ethical decision and find it difficult to take the appropriate action. In this paper, I will analyze the case study of Dr. S. and Dr. V.; and deliberate how the actions of Dr. S. and Dr. V. violated the Stark Law.

The case involving Perin v. Hayne seeks to determine if the defendant Dr. Robert Hayne, was in any way negligent when he performed a surgical procedure on the plaintiff Ilene Perin, described as a cervical fusion. This particular procedure sought to alleviate pressure, numbness, weakness and pain in the plaintiff’s back. As a result of this procedure, the plaintiff was left with vocal cord damage that severely diminished her ability to speak above a whisper. This is supported by the reading, “but plaintiff alleged she suffered paralysis of a vocal cord because of injury to the right recurrent laryngeal nerve during surgery” (Showalter, 2017, pg.171). The plaintiff, Ilene Perin, filed suit against the defendant Dr. Hayne, under the guise of res ipsa loquitur, specific negligence, battery and or trespass and breach of express warranty. Applicable law and evidence must be applied in this case to determine if there was a considerable difference between the consented surgical procedure and the surgery that was actually done.

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 Issue: were all the elements of a contract present to make the contract enforceable?

In today’s world, more healthcare facilities are operated by managed care. These types of facilities are use outside contractors to keep costs low. One type of scenario would be anesthesiologists or specialized doctors working at hospitals to treat patients, in doing so, the hospital pays only for time worked instead of having a full-time staff that is not occupied all of the time. In the case of Cordero v. Christ, Christ Hospital contracted an anesthesiologist whose work brought harm to a patient. Because the hospital did not have preponderance evidence showing Respondeat Superior, the jury brought summary judgement thus awarding the Corderos damages from both the principal and the contractor by way of Apparent Authority and Vicarious Liability. Had the principal and contractor worked with an agreement, and followed guidelines set down by a risk management team, the summary judgement make not have happened. Unfortunately, neither party protected themselves as they could’ve by having the simplest of things, like their own logoed uniforms, a contract, and contracts for patients so sign like disclaimers and waivers.

I reviewed the case of Mr. Sam Superstar and Dr. Peters, in regards to possible proceedings and to which party would be at fault. I have found that in this case both parties could be found at fault in many different violations, both civil and criminal. Therefore there could be possible proceedings brought against both parties. It shows many aspects, of many, violations of laws. These violations range from simple breach of contract to theft of property. We will need to look into the violations more in depth. Following you will find a summary of my findings.

Have you ever been done wrong? Have you ever been done wrong under a contract and faced sufficient damages causing a loss? Chapter 18 focuses on contract remedies, and how damages to a party are compensated. When a party breaches a contract, under the law the court can give the injured party an equivalent of what the promised performance would have rewarded. The two cases I chose to discuss are the Arrowhead School District No. 75, Park County, Montana v. James A. Klyap, Jr. case and the Parker v. Twentieth Century-Fox Film Corp. case. Both of these cases provide us with a very good explanation of different types of damages, and how the court came to a conclusion based off of the different scenarios. Throughout the remainder of this article, it will briefly discuss the details of each case, the similarities and differences among them, and how your business clients can use these cases to strategically prevent future legal issues of similar nature.

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.

Meanwhile, the applicant’s attorney has recently designated Dr. Steven Mamigonian, a chiropractor, as a new primary treating physician. Per our discussion, Dr. Mamigonian is not within our Medical Provider Network. I have also issued an objection to applicant’s attorney’s office regarding the MPN issues.

Plaintiff, OSCEOLA SC, LLC, a Florida Limited Liability Company d/b/a St. Cloud Regional Medical Center, (“Hospital”) by and through its undersigned counsel, sues Defendant, Rafael Fleites, M.D. (“Physician”), and alleges:

FACTS. Darling went to the emergency after he injured his leg during a football game. Dr. Alexander was the only physician in the emergency room that day and he had not treated a severe leg injury for 3 years. After an X-ray revealed that the tibia and fibula was broken the physician set the leg and applied a cast. Not to long after the placement of the cast, Darling complained of continuous pain. Dr. Alexander never called in a specialist. The patient was eventually transferred to another hospital, but eventually his leg was amputated. Darling sued Dr. Alexander and Charleston Community Memorial Hospital for negligence. Dr. Alexander settled out of court for $40,000. The courts ruled

Although Backside has a website that could be accessed by patients nationwide, Backside didn’t actively engaged in doing business in IL. It occasionally sent out postcards to solicit new customers and it once sent 500 postcards to residents of Illinois who lived near the Missouri border. Backside are usually targeted customers in Chesterfield, Missouri area. In addition, Paula had not received a postcard and she is not familiar with Backside website. She went to Missouri to fill out the form and receive the treatment. Therefore Paula’s cause of action did not arose from Backside’s occasional or casual contact. However, Backside waived his right to object the court’s personal jurisdiction over him by failing to raise it before he filed his

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.

Virtual care technologies are quickly becoming recognized as a necessary component in providing greater, more convenient, access to quality healthcare. Today, healthcare professionals use telemedicine to treat and manage a wide array of acute and chronic conditions. Zipnosis is one of the leading telemedicine software-for-service (SaaS) company used by health systems throughout the country. We provide the telemedicine solutions for more academic health centers than any other telemedicine company.