The Plaintiffs of the case are Glynace H. Norton and his wife, Anne Graves Norton, The defendants of the case are the insurer of the Baton Rouge hospital: Argonaut Insurance Company, Mrs. Florence Evans R.N,,ADON (Registered Nurse/Assistant Director of Nursing services) whom had administered the fatal medication; and Aetna Casualty & Surety Company, that covered the liability insurance for Dr. John B. Stotler, who delivered the negligent order. In the case of Norton vs Argonaut Insurance Company there are many factors which impacted the court’s ruling as to the parties who were responsible resultant wrongful death of the infant Robyn Bernice Norton. The nurses, doctors(independent contractors) and the the hospital though not formally charged …show more content…
Dr.Bombet soon after readmitted her to the hospital. While in the hospital Dr. Stotler determined an increase the maintenance dose of Lanoxin would be adventitious to treatment. Mrs. Norton was told to increase the dose for that day only to 3 c.cs. He then ordered with the instructions only the following, "Give 3.0 cc lanoxin today for 1 dose only". Due to the ambiguity of the order and lack of knowledge by RN Florence Evans, Robyn was given an injection of Lanoxin intrader-muscularly, in both buttocks, which proved fatal. Nurse Evans Claimed to be lacking the knowledge of the oral form of Lanoxin other than through injection. The defendants were Dr. Stotler along with Aetna, provider of professional liability insurance for Dr. Stotler, and the hospital along with Argonaut Insurance Co., the insurer of the hospital. The first court affirms the jury’s verdict and the defendants were found liable for the death of the infant. The issues are: (1) whether Dr. Stotler wrote an ambiguous order that led to the administration of fatal dose of Lanoxin and (2) whether negligence occurred as a result of not following standard of care by the nurse who misinterpreted dosage administration directions of the medication leading to fatal …show more content…
The hospital under vicarious liability is based on Respondeat Superior (let the master answer) for the negligence actions of its contractors/employees. This is the responsibility of physicians for negligent actions of hospital employees ranging from nurses to x-ray techs. Through Corporate Liability the hospital itself is liable for the negligent actions of its workers. Outcome The court ruled in favor of the Norton family, in the amount of 10,807$ for the mother, and 13,000$ for the father in wrongful death of the daughter, baby Robyn Bernice Norton. The court ruled against the nurse, physician and hospital all of whom were found liable for the death of the infant. The awards to the family was later reduced to $5,807 and $5,000. The reason being that the Norton family already had three children and Robyn was only with them for three months so the attachment was low. This being said the courts found the Nortons were more than capable of have more children in the
Procedural History The Supreme Court, Appellate, second division modified the the judgment and ordered that the custody of the youngest child remain with the mother. Husband appealed. The Court of Appeals, Jasen,J; held that after the custody of the two older children had been awarded to the husband, it was appropriate for special term to award of the youngest child to the husband in the light of the younger child’s ambivalence as to which of her parents she would prefer to live with and her strong preference to live with two older
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
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
His new physician found that Darling’s leg “contained dead tissue likely resulting from an overly tight-fitting cast which interfered with blood circulation in the leg. After several unsuccessful operations to the leg, it had to be amputated just below the knee” (Darling v. Charleston Community Memorial Hosp. Case Brief, n.d.). Due to the negligence of care and hospital treatment, Darling II and his father brought suit against Dr. john R. Alexander and Charleston Community Memorial Hospital. Prior to trial, the case against Alexander was dismissed after a $40,000 settlement out of court. The case was then only tried against Charleston Community Memorial Hospital. During the trial, “the Darlings argued that it was the duty of the hospital staff to ensure that all policies and procedures were followed. Since the hospital was licensed and accredited, the licensing regulations, accreditation standards, and its own policies and bylaws defined the facility’s duty to a patient. Any infraction thereof imposes liability” (Darling v. Charleston Community Memorial Hosp. Case Brief, n.d.). In the end, the jury returned a verdict in favor of the Darlings in the amount of $150,000, reduced to $110,00 for Dr. Alexander’s
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
Mr. Joseph Wahba had a prescription that was filled by the Zuckerman’s Pharmacy in Brooklyn, The prescription drug was called Lomotil, it was used to counteract stomach disorders Mr. Wahba had the pharmacy would dispensed pills into a small plastic container unequipped with the "child-proof" cap as required by law. When Mr. Wahba’s child discovered container and ingested approximately twenty of the pills before being interrupted by his mother. He was rushed to the hospital, lapsed into coma and died. The family would file a suit against H & N Prescription Center, Inc.
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...
After the death of Caroline, the neurosurgeon, Dr Steven Hwang told her two sons that we apologize for our mistake, since we used a wrong dye. Eight months after she died, the attorneys of Tufts hospital send the letters to her sons stating that the surgeon, pharmacists and the nurses were not responsible for her death. Her sons Michael and Steven were totally shocked by reading those letters. They filled a case in the Supreme Court against the neurosurgeon Dr Hwang, 12 pharmacists, nurses and the hospital. William Thompson in Boston who is representing that family told that the insurance company gave a settlement offer after they inquired about Caroline’s case in
When the standard of care has not been met, then negligence or breach of duty may be established. Liability is the responsibility for the consequences of one’s act of omission or commission. Liability issues involved in the malpractice action brought by Yolanda Pinnelas against Caring Memorial Hospital consisted of the permanent loss of function and deformity of her third, fourth and fifth fingers. These damages occurred following infiltration of vesicant Mitomycin that was administered intravenously in her hand. Two weeks after the infiltration, Yolanda had necrosis in her hand and this resulted in multiple surgical procedures and consequent permanent loss of function and deformity of her
Green committed negligence when she administered the incorrect dosage to her patient. Dr. Green could have avoided this mistake from occurring if she had followed administering medication strategies. For example, healthcare providers should follow the basic check list and double check their check list for right medication, person, dose, route, time, and documentation (Washington Advocates for Patient Safety, 2016). Being that Dr. green did not verify her work, she caused Mr. Parker to take ten pills per day for three weeks. Also, Dr. Green did not instruct Mr. Parker if he was feeling any of the side effects or continuation of the signs and symptoms to feel free to go to the nearest emergency room, stop taking the medications, and/or to come back to the office to be seen
Giving a shot to a patient that was ordered by the physician is perfectly with-in the training of a medical assistant. Now let us say that as the medical assistant as she was giving the shot has patient pass out. The medical assistant had asked the patient if they have a history of passing out with shots and if the patient is feeling all right. The medical assistant continues with asking the patient to please sit down so they can give the shot. The patient insists that they need to stand and tells the medical assistant to give it anyway. The medical assistant proceeds to give the shot and the patient passes out on the fall down they hit their head on the counter. Now the patient is suing the practice naming both the provider and the medical assistant in the
Wenger, Y., & Rector K. (2012, June 26). Jury Awards Waverly family $55 million in Hopkins malpractice case. The Baltimore Sun.
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
Before the jury decides a verdict, the last step in the trial process is the closing arguments. There were no closing arguments because the parties had to settle on nine million dollars. They did this because the plaintiff’s attorneys went bankrupt due to this case and they couldn’t afford to invest any more money into the case. Beatrice Foods ended up being not liable for the deaths of children so they were allowed to leave the case. Due to this, only W.R. Grace had to settle with the plaintiff. Later on in 1988, Jan Schlichtmann brought this case to the EPA’s attention and the EPA decided to bring lawsuits against the companies. W.R. Grace and Beatrice Foods ended up having to pay for their huge mistake. They had to pay for the largest chemical cleanup in the Northeastern which cost sixty- four million dollars.
Royal College of Nursing v Department of Health and Social Security [1981] 2 WLR 279,CA