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.
Starting from the beginning, the original post the sale, on November 1, Dr. Peters wanted to sell 850 tubes of toothpaste. In the sale ad it states "Write me if wanting to accept". Therefore, Sam did in fact put a check in the mail the same day, November 1. This is considered to be a part of the mailbox rule in which "an acceptance sent via the postal system or by courier is effective when sent" ((Luizzo, A., 2016, pg. 127). Therefore, the acceptance of the sale is a contract between Sam and Dr. Peters. However, a written contract should have followed; as it states in the Statutes of Fraud that in order to be legally binding, sales dealing with "personal property of $500 or more" must "be in writing to be legally enforceable" (Luizzo, A., 2016, pg. 201). The two parties have entered into a valid and express contract.
The following day, November 2, the two, Sam and Dr. Peters, met in a local market and had a
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.
When Jill arrive back in North Carolina she called Dr. Smith office and was told she needed an appointment before she could get medication. The next available appointment was in 4-days. Jill than showed up in person at Dr. Smith office to try to get a prescription. The reception explained that there policy was to make an appointment for prescription refills and it was her responsibility to know there policy. Jill’s Primary care finally wrote her a prescription, however when she went to fill her prescription and her insurance declined the prescription because it was already filled in Boston the day before. The pharmacist resolved the situation and filled Jill’s prescriptions. The lack of effective communication with his patient was responsible for her medication crisis. The system level failures were the lack of communication by all parties involved in Jill
Husband and wife, Gary and Renna Pehle were infected with HIV at the time they applied for life insurance with Farm Bureau Life Insurance Company. The couple did not know they were infected with HIV at the time. The insurance company ran blood tests from the Pehles. The Pehles then signed a contract form which was given to them by a Farm Bureau agent. A nurse from Farm Bureau watched as the Pehles signed the contract. Blood samples were sent to a third-party laboratory called LabOne. Farm Bureau then sent a notice to the Pehles rejecting them from their life insurance policy, which advised the couple that if they wished to have their application reviewed to contact their physician. The Pehles did not take any action in doing so. Two years past and Renna Pehle is confirmed to have AIDS. The Pehles then sues Farm Bureau, LabOne, and LabOne’s medical director Dr. J. Alexander Lowden for negligence, for failing to tell them they were HIV-positive.
The resident physician violated beneficence, because he did not do good by respecting the patient’s autonomy and he was being uncivil.
Not only did the dentist have possible legal violations, but there is evident failure to follow ethical principles. One of the applications of the
In the news recent was the Miami physician pleads guilty for role in $20 Million health care fraud scheme (Justice. Gov). The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Southern District of Florida (Justice.
Jurisdiction is proper in the Circuit Court of Osceola County, Florida, because, at all relevant times and as described further herein, (1) Physician operated, conducted, engaged in, and carried on a business or business venture (specifically, the private practice of medicine) in Osceola County, Florida, (2) Physician had an office in Osceola County, Florida from which to conduct the private practice of medicine, and (3) Physician breached a contract with the Hospital relating to his practice of medicine in this state by failing to perform acts required by the contract to have been performed in Osceola County, Florida. §48.193, Florida Statutes.
Health insurance fraud is what drives up health insurance premium costs, wastes taxpayer’s money, but can also endanger beneficiaries or leave them uninsurable. In 2015, Medicare Strike Force reported over $700 million in false billing by doctors, nurses, other licenses medical professionals, laboratories, and individuals (FBI.gov). This is a staggering figure that is only getting worse. In this fictitious federal case I will be describing the criminal offender, the crime that was committed, the charge handed down by law enforcement, and the judicial process from the beginning of the criminal case to the sentencing of Dr. Richard Heartman, an internal medicine physician.
Under the UCC, the statue of scam relates to an agreement for the sales of items more than $500. The discussions between BTT and Chou were really more than $500; therefore the statues of scam would apply here. Under UCC rules, usually under common law agreements, the statue of scam applies whenever a deal can't be achieved in one year’s period. Under these types of conditions, the statute would apply. But, there's one factor necessary to satisfy this condition, and that's the signature of the side in the agreement. Although some legal courts have determined that an email can pass by like a signed writing in case the name of the side is included at the conclusion of the email, it's not clear in this case if Chou ever replied to the email declaring he agreed with the conditions, and left his name on paper too.
Once again, another story of billing fraud in a medical practice made news this past week in Becker’s Hospital Review “Medical practice manager sentenced to prison of billing fraud” on April 6, 2017, by Ayla Ellison.
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
The speculation arose when a patient of Dr. Love’s filed a complaint with police. In the complaint the 86 year old patient revealed Dr. Love came to her home fives times in December, after she contacted him to treat her for stomach pains. He diagnosed her with arthritis and sold her vitamins, billing her $3,494. During one of those visits, the patient became ill and Dr.
The physician is an integral part of the health care system. The staff the facility keeps defines the health outcomes for the patients of that facility. So, it is very important to hire staff that helps create overall health care quality and good outcomes. Sometimes, however, physicians are placed in a difficult position because of the different roles they manage. The definition of a double agent, the marketplace, and the ethical aspect should be considered when defining a physician’s role as a double agent.
There are many pertinent issues that have been pointed out in this scenario, that could be regarded as points for Criminal Damage and Offenses against person. On the whole the whole scenario pertains to the improper actions by Malik and his failure to act. In summary these issues are:
It is quite clear that both parties were part of a legally binding agreement. There is a possibility that a breach of contract took place. This breach could have been caused by Todd or Foodmart, Inc. According to the terms of the contract that Todd agreed to, the stated sales