What Are The Important Facts Of The Case?

I also think Nurse Jackie is responsible because she did not completely follow policy and procedure. I also feel that Dr. James is responsible to because he did not follow policy and procedure or check on Nurse Jackie work. I would say that Nurse Jackie is about 30 percent responsible of the death the patient. I believe that Dr. James is about 70 percent responsible for the death of the patient because he failed at the task that any other doctor in his position would have done. The hospital is 100 percent responsible because it is the legal obligation of the hospital to make sure each staff have the proper training and capable of preform their jobs

The nurse that originally noticed the shortage in anesthesia, in my opinion should have filed a formal compliant against the chief of anesthesia for not executing an investigation due to her speculation and evidence. If it was determined to be true that Dr. Johnson illegally using the anesthesia than he could have gotten some help. His illness could be in final stages not because he neglected to receive treatment. Instead of covering up the pain there is a possibility that he could have received treatments to help him through his illness. I think the employees of this hospital are at fault along with Dr. Johnson because they did not practice integrity and inform anyone of the incidents that they were noticing. Everyone gave excuses and the one that did say something should have complaint to someone who would have listened. A hospital mission is to care for their patients and the mission was not followed by any one who noticed Dr. Johnson’s actions.

In addition, there are a few elements required to prove professional negligence. First, the negligence is committed in the ordinary

The issue in this case as it relates to the Kentucky tort of negligence is governed by rules or principles established by the courts. The elements of negligence are a duty the defendant owes to the plaintiff, a breach of that duty by the defendant, a causal connection between the breach and the plaintiff's injury, and actual injury. In the absence of any one of these elements, no cause of action for negligence will lie.

The doctor had a duty to treat the patient. This legal duty is established if the healthcare provider agrees to treat the patient. This must be established, as a doctor providing emergency care in a public place may not be guilty of malpractice.

Nurse Jackie is curt and assertive when interacting with other members of the health care team (Hudis & Zisk, 2009). In this episode one of the patients that she provides care for dies from an acute subdural hematoma. Jackie had pushed the doctor to order a brain scan, however the doctor had insisted

In 1986, the Emergency Medical Treatment and Labor Act (EMTALA) was enacted. The federal government enacted the law to provide everyone with access to emergency medical care, even for those unable to pay. EMTALA declared that any individual who enters a “qualifying hospital” is entitled to an “appropriate” medical examination to determine if an “emergency medical condition” is present. The individual cannot be “transferred” until the “emergency medical condition” is “stabilized.” Only if the individual cannot be “stabilized,” an “appropriate transfer” may be performed. Hospitals must accept

There was additional backup staff present (including a respiratory therapist) that could have been called upon for help, yet they never were. The charge nurse or nurse supervisor could have stepped in at this point to provide additional help. A lack of present nursing staff and support can lead to unfavorable patient outcomes, as is the case with Mr. B. Additionally, the staff on duty could have lacked training regarding protocols or their training could have been out of date.

The four D’s of negligence are duty, dereliction of duty, direct or proximate cause, and

Enforcing this act in the healthcare facility is necessary for healthcare administrators to be aware of facilities that receive patients, provide care, and cease unnecessary transfers to avoid the lack there of. “This means if a patient arrives at a hospital that accepts Medicare, the hospital isn’t allowed to refuse patient care, and this protection also requires healthcare providers to assess and stabilize all patients regardless of financial status”, (American Health Lawyers Association.

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a law enacted by Congress to ensure individuals could receive emergency medical treatment without regards to their ability to pay. It applies to all hospital that have emergency departments and participate in Medicare. EMTALA requires hospitals that fall under the conditions stated above to conduct an appropriate medical screening to determine if an emergency medical conditions exists. If it is determined that an emergency medical condition exists, the hospital has two options under EMTALA, one it can provide medical treatment to the patient, or two they may transport the patient to another facility so long as the transfer meets all transfer requirements under federal law.

EMTALA was passed as an act of congress and requires the following legal duties of hospitals. Per the statute, only facilities that participate in Medicare are included. Hospitals were to perform a medical screening examination (MSE) on patients who presented to the emergency department for the determination of an emergency medical condition (EMC). In the event of an EMC exist, the staff stabilized, treated and admitted such patients regardless

During the home health observation day, there were several opportunities to observe a variety of patients with varying levels of functioning ability, different illnesses, and different needs and levels of interaction with the nurse. The first patient seen was a seventy-three year old Caucasian female with an ulcer on her right heel. Several weeks prior, she had scratched her left leg and she also had several small wounds on her left leg. The orders were to clean and redress the ulcer. She has a history of end stage renal disease, pneumonia, weakness, diabetes, dialysis, and right hip fracture. Upon entering the home, the patient was found to be sitting in a wheel chair in the living room watching television with her husband close by her side. She greeted the nurse with a smile and began to update her on her current condition. Her heel was “hurting” and she rated her pain an 8 on a scale of 1 to 10. She also had some “swelling” that she could not “get to go away; because, she could not get up and walk. They need to fix my foot so that I can get up and get around.” She told the nurse that she had been to see the doctor “yesterday” and the doctor had given her a written order that she wanted her to see. The order was written for an evaluation for a soft pressure shoe fitting. The nurse read the order to

People choose to use traditional emergency department because there are no set criteria or requirement for treatment other than showing up. No one can be turn away because of inability to pay or because of their medical issues. The EMTALA stipulates that all patients presenting to any emergency room be given a medical screening examinations without any prejudice. The law also states that all patients must be seen regardless of their ability to pay. The disadvantage to going to a traditional emergency room is that it takes time to triage cases to determine their acuity. Many people presenting to a regular or traditional emergency room believe that it is first come first serve basis but this belief is untrue. Due to overcrowding, lack of privacy

The defendant Juan Antonia Godin-Mendoza, had from 1972 lived in a stable and permanent homosexual relationship with the protected tenant of a flat, until his death on 5th January 2001.