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Essays on elder abuse
Neglect among the elderly
Elder abuse abstract sample
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I am writing to inform you I intend to pursue legal action in the form of a medical malpractice/elder abuse lawsuit. The filing will be on behalf of my 73-year old wife and myself. The facts will clearly demonstrate you were guilty of gross medical negligence and elder abuse in your management of my wife’s health care. I have been advised to afford you the opportunity to settle this claim without protracted litigation. I will provide confirmable evidence to support, as her Primary Care Physician, you were guilty of negligent malpractice and failed to provide the minimum standard of medical care needs. Your reprehensible behavior resulted in years of suffering and emotional distress significantly affecting our quality of life. Testimony will show how ill-equipped you were to deal with the devastating issues associated with Normal Pressure Hydrocephalus and a debilitating sciatica condition, in a geriatric environment. The suit will not be a “he said, she said” …show more content…
The facility required five appointments to be “accepted in the program”. The clinic was a four hour plus round trip (travel tine only) on a light traffic day. - failured to intercept a written referral for a surgical procedure (bursectomy) on the wrong hip. Had I not been present this procedure would have been initiated. - caused unnecessary extended pain and suffering involving four ambulance supported emergency room runs and years of NPH complications due to your medical ineptness. - The filing will also document billing irregularities, e.g., billing NP’s appointments to random unseen SSMC doctors and how the South Shore Medical network of physicians profited by your mistreatment. The claim will also expose a system that allows you to practice with impunity, void of standards, oversight, and
Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease.
In the case of Michael T. Vandall, M.D., Plaintiff and Appellant v. Trinity Hospitals, a corporation, and Margaret C. Nordell, M.D., the issue is about retaliatory discharge. It deals with problems with Trinity Hospital in North Dakota, Dr. Margaret Nordell and Dr. Michael Vandall, both physicians working in the OB-GYN department.
In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
Richard Arzu underwent a surgical procedure to correct a condition he was born with; known as dwarfism. He became paralyzed from the waist down as a result of the operation. Through legal representatives, Richard was awarded a substantial structured settlement from his malpractice action against the hospital that performed the said surgical procedure. The settlement payments were deposited into a joint account between Richard and Frank. Over a period of a few years, the father withdrew numerous times, large amounts of money. These transactions were not authorized or to the knowledge of the son. When Richard turned eighteen, the fund...
Montague and her Husband sued Drummond and Nursefinders. Montague alleged causes of action for negligence, battery and negligence per se and intentional affliction of emotional distress under a theory of respondent superior. She also alleged that Nursefinders negligently hired, supervised and trained Drummond. Montague’s husband claimed for loss of consortium.
Mrs. Hylton is a 45 year old female who presented to the ED via LEO under IVC by her therapist, Melanie, from ADS. Per documentation Mrs. Hylton denies suicidal ideation and homicidal ideation to nursing staff and MCM before the evaluation. She also contracted for safety with MCM. Dr. Horton requested a mental health assessment on Mrs. Hylton. Before the assessment Ms. Melanie and her supervisor Melissa were contacted. Ms. Melissa reports Mrs. Hylton verbally contracted for safety, however left before ADS could type up terms of verbal agreement. Melissa reports afterwards she was not aware of Mrs. Hylton symptoms of psychosis when speaking with her until being informed by Melanie of findings after conversation with Mrs. Hylton. Melanie upon
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
After review of the clinical information provided by North Central Bronx Hospital, the Medical Director has denied your admission to North Central Bronx Hospital. It was determined that the clinical information did not justify an inpatient stay. Acute inpatient hospitalization was not medically necessary. You are a 56 year old female with complaints of worsening pressure-like chest pain on the left sided that radiated to your left arm and neck. The symptoms began when you were at rest and woke you from your sleep. Based on the Interqual guideline (a decision based program to determine medical need) criteria to for acute coronary syndrome the clinical guidelines were not met because troponins were negative, there was no diagnostic testing such as a stress test, or documentation of ischemia in the clinical information that was submitted.
In the United States, healthcare fraud and abuse are significant factor associated with increasing health care costs. It is estimated that federal government spends billions of dollars on the health care cost (Edwards & DeHaven, 2009). Despite the seriousness of fraud and abuse offenses, increasing numbers of healthcare providers are seeking new and more profitable ways to build business relationships. These relationships include hospital mergers, hospital-physician joint ventures, and different types of hospital-affiliated physician networks to cover the rising cost of health care (Showalter, 2007, p 111-114). When these types of arrangements are made, legal issues surrounding the relationship often raise. There are five important Federal fraud and abuse laws that apply to the relationship and to physicians are the False Claims Act (FCA), the Anti-Kickback Statute (AKS), the Physician Self-Referral Law (Stark law), the Exclusion Authorities, and the Civil Monetary Penalties Law (CMPL) and (Office of Inspector General (OIG), 2010). Out of five most important laws that apply to the relationship and the physicians, we are going to focus on the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark law).
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...
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,
Health care fraud cases continue to be problematic for health care systems and providers across the United States. According to Pozgar (2012), these cases not only pose financial burdens on the accused, but may also lead to unnecessary risks to patients. A violation against the Federal False Claims Act, 31 U.S.C. §§ 3729-33, is one example of health care fraud that often enters into a settlement agreement. It is important to mention violations against the Federal False Claims Act, 31 U.S.C. §§ 3729-33, often allude to physician kickbacks as well (a violation against the Anti-Kickback Statute).
I hope to impact this professional with my knowledge and expertise. I am now in school again to further my knowledge of this profession. It may seem old for some. However, for me learning has no age and boundaries as I continued to gain more knowledge and perhaps someday I can be a mentor for my peers. I hope to someday work In Risk management where I can continue to fight and argue the rights of my patients and peers whom all deserve a sense of dignity and self-worth. My contribution to this profession includes providing and promoting care with a holistic approach that is inclusive of the mind, body, spiritual belief practices because the patients I see as being more than just another patient in need of my care. The patients are like you and I and perhaps wants the same as I want for them. I’m sure with my great sense of enthusiasm that I may accomplish something here because my day will never end until I make an unmistakable stamp on a profession I always wanted to practice since that little girl whose heart was touched by the many caring professionals that provided care to my mom. Sound like I’m on a mission that indeed I