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Negligence and tort related case studies
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Malpractice and negligence within the healthcare field
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This scenario deals with an appeal by a estate administrator who sue a nursing home for "negligence, sexual assault and battery" due to failure of nursing personnel to protect their love one, but the nursing home is protected under the Medical Malpractice Act. Code §§ 8.01-581.1 through -581.20:1 (the Act)." In 2002, Alcoy was 79 years old when she suffered a stroke that left her helpless. After receiving treatment from a local hospital, Alcoy was admitted into Woodbine Nursing Home facility. Four days later, Alcoy was brutally sexually assaulted by an unknown assailant. Alcoy died several months later. In 2004, her estate administrator filed a lawsuit claiming the resident was brutally sexually assaulted due to the failure of the nursing
Mrs. Ard brought a wrongful death law suit against the hospital (Pozgar, 2014). The original verdict found in favor of Mrs. Ard, but the hospital appealed the court’s ruling (Pozgar, 2014). During the course of the appeal, an investigation of the records showed no documentation, by a nurse; of a visit to Mr. Ard during the time that Mrs. Ard stated she attempted to contact a nurse (Pozgar, 2014). The nurse on duty stated that she did check on Mr. Ard during that time; however, there were no notes in the patient’s chart to backup the claim that Mr. Ard had been checked on (Pozgar, 2014). One expert in nursing, Ms. Krebs, agreed that there was a failure in the treatment of Mr. Ard by the nurse on duty (Pozgar, 2014). ...
A court would likely reason that leave granted to employees under the Garner Medical Leave Act (GMLA) should have been granted to Erin Durham. “Employers covered by this Act are required to grant leave to an eligible employee to care for the employee’s … parent with a serious health condition.” Gar. Stat. tit. 29, § 2612(B) (2014). Garner University is covered by the Garner Medical Leave Act and Durham is an eligible employee, therefore these two stipulation of the Garner Statute are not disputed. Durham will likely be found to have acted in compliance with this Act, because her grandmother stood in loco parentis to her during her minority, her grandmother has a serious health condition, and Durham cared for her grandmother.
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 compensate victims for any negligence.
When she was admitted into our insured’s home on January 20, 2015, she was four feet nine inches tall and weighed 137 pounds, and had a prior diagnosis of Alzheimer’s related dementia. Prior to moving into the insured’s CILA at 3 Lynnwood AVENUE, Fairview Heights, Illinois, she lived with the plaintiff, who is her sister and guardian. Her father, formerly a minister, took care of her previously until he needed to move into assisted living
...Wrong.” Alcorn had committed suicide December 28th 2014, and posted in her suicide note on Tumblr.
Your article states that because the victim claimed she couldn’t remember anything that her word became invalid to the judge and jury, basically saying she self-incriminated herself, which is the act of exposing oneself to prosecution by being forced to respond to questions, and in my opinion shouldn’t even have been mentioned in the case because a nurse is someone any victim of any crime should
Though elderly abuse occurs in many nursing homes, it is preventable. It is the nursing aide 's responsibility to provide quality and comfortable care, free from abuse. Many people are not aware that there are several other types of abuse in addition to physical abuse and many are not aware of the signs. If abuse should occur, anyone who suspects or witnesses the abuse is responsible for reporting it. Knowing the types of abuse, being aware of the signs, and reporting incidents are all ways to prevent abuse in nursing homes.
The victim is an amputee and has one leg and one arm on either side of his body, he is bed bound, wears diapers, and requires 24-hour care. At this time the victim lives alone and is in need of placement. The reporter has contacted Medicaid and was told because it's been less than five years since the victim transferred property into his niece's name there was nothing they could do. According to the rpeorter, Mr. Nichols transferred his home into his niece's name and she took out a loan against it. Ms. Gordan used the loan to do work on the home and make it accessible for the victim. But since Mr. Nichols' health has declined he's in need of someone at the home around the clock. The reporter stated she's worked with the family since the end
In accordance with the Nursing and Midwifery Council (NMC), (2008) all identifiable details have been changed in accordance with (NMC, 2010). The author, a healthcare assistant working in the nursing home, will present a scenario of Mrs. Keller (not her real name) who is confined in the dementia unit of the care home.... ... middle of paper ... ... Cox (2010) reports, “shifting boundaries in healthcare roles have led to anxiety among some nurses about their legal responsibilities and accountabilities due to lack of education in the principles of legal standards underpinning healthcare delivery” (p. 18).
Federal and State laws require that nursing homes develop a plan of care and employ sufficient staffing to provide all the care listed on the care plan. Most corporate owned nursing homes today are not sufficiently staffed, and they can not provide all the care listed on the care plan. Consequently, residents are not taken to the toilet when necessary; they’re often left lying in urine and feces. They also develop painful and life-threatening decubitus ulcers, and are not fed properly, they’re not given sufficient fluids. They are also over-medicated or under-medicated, and dropped causing painful bruises and fractures, are ignored and not included in activities, are left in bed all day, call lights not answered. These are all forms of negligence, performed daily in nursing homes.
Of nursing home staff interviewed in 2004, nearly 40% admitted to committing at least one psychologically abusive act toward a resident and 10% admitted to physically abusing a resident in the preceding year.[1] Not only are nursing home residents at risk of being abused by their caretakers but they are also at risk of being restrained, which may lead to a form of abuse. With five percent of the elderly population, or one to two million instances of elder abuse occurring yearly there is no doubt that elder abuse deserves serious consideration.[2]
Anna’s claim comes under the broad rubric of the unlawful employment practice of sexual harassment which has become known as “hostile work environment” developed under Title VII of the Civil Rights Act of 1964:
As a nursing student, I obtained a job as a home health aide (HHA) with a reputable home care company; they were known nationwide as leaders in home care. So, I was taken by surprise by the living condition and arrangements of one client’s home. The deplorable living condition and safe environment was not my greatest disappointment; the calamity was that the professional home care staff allowed her to remain in her home and they did not apply due diligence concerning this environmental injustice.
In every nurse's career, he or she will face with legal and ethical dilemmas. One of the professional competencies for nursing states that nurses should "integrate knowledge of ethical and legal aspects of health care and professional values into nursing practice". It is important to know what types of dilemmas nurses may face
...ve heard, it may not be possible to prosecute the nurse as she was just following the home’s policy. In the same manner, it may also not be possible to prosecute the nursing home because such conditions (i.e. not administering CPR) are clearly stated in their policy, and all of their clients understand and are amenable with it. However, in cases like this, I don’t think that the law should be the be-all and end-all of things, that is, I think that mere compliance with the law does not necessarily equate to good management or administration; rather, I believe that good administration should also be guided by moral and ethical guidelines.