FACTS: Dr. Robert Lee Berry (Defendant) was a practicing anesthesiologist, who practiced with Dr William Preau and Dr. Mark Dennis. He was also shareholder in Lakeview Anesthesia Associates, LAA (defendant). Berry also had staff privileges at Lakeview Medical Center (LMC) (Defendant). In Nov 2000, Lakeview (Defendant) investigated Dr. Robert Berry after nurses concern. In March 2001, Berry was found groggy, unfit to work and sleeping in a chair, Based on this incident and suspicions that Barry was stealing Demerol from the hospital, he was terminated from LAA and Lakeview and his LMC staff privileges were withdrawn. Afterward, Berry applied for job as anaestheologist in Kadlec Medical Center (plaintiff). Before employing Kadlec, the facility sent a letter to Lakeview requesting recommendations and included a questionnaire with specific questions to be answered. …show more content…
No further information was given and the questionnaire was not filled out. LAA’s doctors (Defendant), Dr. Preau and Dr. Dennis, submitted referral letters for on his behalf. The letter from Dr. Dennis and Dr. Preau stated that both of them had worked with Dr. Berry and they highly recommend Dr. Berry as an anaestheologist. Based on the letter and recommendations, Kadlec hired him. Approximately a year later, Berry again started using Demerol. On work at Kadlec, he committed gross negligence resulting in severe brain damage to patient. Due to this incidence Kadlec learned that Dr. Berry had been fired from Lakeview. Kadlec first settled Dr. Berry’s malpractice case and then filed suit against Lakeview, its shareholders, and LMC for intentional negligence and strict responsibility misrepresentation based on LMC’s omission of material facts in the letter to Kadlec. The district court supported Plaintiff’s theory. LMC’s moved for summary
Adae Cynthia’s husband telephoned Dr. Avera about Cynthia’s hospitalization and relayed that she was suffering from continuing pain. Upon Dr. Avera's recommendation that he should transport his wife to the Middletown Regional Hospital emergency room, where Cynthia was seen by Tao Nguyen, M.D. They started by giving Cynthia a CT scan of her chest and head, which ended up being negative result for pulmonary embolism but it did reveal a sinus infection. Dr. Nguyen requested copies of her medical records from Clinton memorial hospital but Clinton’s record department was closed for the weekend. Dr. Nguyen discussed Cynthia’s case with Dr. Avera and instructed her to follow up with Dr. Avera on Monday, July 3. She was discharged with a prescription for pain medication. On the same day laboratory reported to a resident on duty that Cynthia’s blood cultures were showing gram positive cocci in clusters. The next day the laboratory reported to Dr.Pesante the Cynthia’s blood cultures were positive for staphylococcus aureus. Neither the resident on duty nor Dr. Pesante contacted Dr. Bain or the attending physician on-call about Cynthia’s blood culture results. The trial court found it unclear whether any Clinton memorial hospital employee attempted to contact appellees or Dr. Avera. Dr. Avera said if he would have learned of the positive blood culture she would have admitted her immediately to hospital and would have empirically started her on antibiotics and then
The two of the six rights of medication administration that were violated where the right medication, the right dosage, and the right client. The nurse failed to read the medication order three times before administering the medication, failed to scan for the right count of the medication, and as well failed to match the patient ID with the scanned
While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
On July 11th, 1975 in Milwaukee, Wisconsin a doctor by the name of Lester V. Salinsky, performed a surgery on the plaintiff, James Johnson. The surgery was took place at Misericordia Community Hospital (Misericordia), defendant, by Dr. Salinsky. Dr. Salinsky was scheduled to remove a pin fragment from the plaintiff’s right hip. However, “during the course of this surgery, the plaintiff’s common femoral nerve and artery were damaged causing a permanent paralytic condition of his right thigh muscles with resultant atrophy and weakness and loss of function” (Johnson v. Misericordia Community Hospital, n.d.). The plaintiff filed suit against Dr. Salinksy and Misericorida on October 13th, 1976, fifteen months after his unsuccessful surgery, which
The gun was tucked inside a dresser drawer in the green house on 81st Street. It was July 8, 2010, and scores of investigators scoured the home of Lonnie Franklin Jr., who was suspected in a series of killings of women in South Los Angeles.LAPD criminalist Rafael Garcia testified Tuesday that down a hallway inside the home was a bedroom with blue walls, a twin bed and a black dresser. Clothes hung from a closet door.He said he pulled out the top drawer from the dresser. What he discovered next would become a key piece of evidence in the case against Franklin.Strewn amid cables and remote controls was an F.I.E Titan .25-caliber semiautomatic handgun, a loaded magazine and 10 loose bullets, Garcia said.It was the gun prosecutors say was used to shoot 25-year-old
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed. If a patient is filing for a medical malpractice case, the l...
In August of 2001 Robert Ray Courtney was arrested in Kansas City, Missouri and charged with diluting drugs used to treat cancer patients. Courtney’s actions not only violated criminal and civil laws but they shattered the ethical code and the oath he took as a licensed pharmacist. His actions left many people wondering why anyone would commit such a horrible act, let alone a trusted pharmacist who was providing medication to patients whose very lives depended on him doing his job.
It is never enough to create a great product; it has to be coupled with a desire for that product. The competitive advantage that Wedgwood brought to his company was the ability to create demand for goods. He was able to see the needs of the market before the market did and then cultivating market demand to satisfy those needs with his goods. A differentiation strategy was put into place by Wedgwood for his products as there were already a number of pottery options available on the market. Instead of the low quality, irregular options that were available on the market, Wedgwood’s pottery was made from clay, rather than wood, and was a more uniform finished product. A method of increasing demand by raising the perceived value of the pottery is to drive up demand by the high affluent. One of the ways that he accomplished this was through a technique called inertia selling. By putting a high quality and reputable product in the hands of the elite with no penalty, Wedgwood can display first-hand his high-end craftsmanship and design. With the working class working in the homes of...
Patients seek medical attention from the nursing homes. There nursing homes get a large amount of financial aid on behalf of the government. The financial assistance is given in order to ensure that all the necessary health care facilities are available at the nursing homes. There are few fraud cases that have seemed to occur in the nursing homes. One of the fraud cases that is becoming very common in nursing homes is that the patients are charged wrong amounts for the services that they acquire from the nursing home. The patient generally comes with some disease to seek medical attention. The nursing home raises fraud cases by advising unnecessary tests and procedures to be done on the patients. These tests or procedures may not be required for the patient. As the patient is limited in knowledge, the tests and procedures are done on the patient while charging the patient with a heavy amount of bill. (LLP, 2016) The nursing homes does not cater the specific problems that ha been raised by the patient rather they start to encounter on more details that are unnecessary and not even needed by the patient. The case is about a nursing home in Washington that charges heavy amounts to the patient for unnecessary treatments and procedures. (PEAR,
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
In what is known as the largest malpractice case in Maryland is the case of Enso Martinez and Rebecca Fielding against John Hopkins Hospital. In this situation, Ms. Fielding was taken to the hospital for an emergency caesarean section. Grant...
Facts of the case: The plaintiff was a housewife living in Livonia, Michigan along with her husband and children. She wanted to apply for divorce due to the difficulties in their marital life and informed her husband about divorce two months prior to this incident. On December 6, 1963, the defendant came to the plaintiffs’ house by introducing himself as “Dr. Wolodzko” who had never met the couple before. Except that, the plaintiff did not know that he was a psychiatrist or he was there to examine her as requested by her husband. The plaintiff spoke with the defendant on telephone by the suggestion of Livonia police woman due to the domestic quarrel with her husband and at that time he informed himself as a psychiatrist to the plaintiff.
Dred Scott, an African American man who was born into slavery, wanted what all slaves would have wanted, their freedom. They were mistreated, neglected, and treated not as humans, but as property. In 1852, Dred Scott sued his current owner, Sanford, about him, no longer being a slave, but a free man (Oyez 1). In Article four of the Constitution, it states that any slave, who set foot in a free land, makes them a free man. This controversy led to the ruling of the state courts and in the end, came to the final word of the Supreme Court. Is he a slave or a free man?
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued