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Cases on medical negligence
Negligence law case studies
Cases on medical negligence
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A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages. The first component of the four D’s of negligence is duty. The dentist owed a duty of care to every one of his patients. Duty of care is a legal obligation a health care worker, in this case, the dentist, owes to their patient and, at times,...
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
On Thursday, 11/12/2015, at 17:01 hours, I, Deputy Stacy Stark #1815 was dispatched to a domestic disturbance in progress located at 66 Paper Lane, Murphysboro, IL 62966. It was reported that a 15 year old female juvenile was busting out windows on her mother’s vehicle. Deputy Sergeant Ken Lindsey #2406 and Deputy John Huffman #2903 responded as well.
Upon further review of the evidence in the case, it was explained that Gordon fastened Cheyenne into the seat while she was asleep. This statement seems to eliminate any theory of infants negligence immediately since she was not the one to fasten the seat belt, in addition to her age barring recovery for infants negligence. When placing her into the vehicle he noted that the shoulder portion of the strap fell over her neck and head, allowing for a large amount of slack. Gordon’s direct statement indicates that he knew the seat belt was too large for Cheyenne, however he still placed her in the seat. It is unclear whether Gordon placed the strap behind Cheyenne’s back, or if some time during the ride Cheyenne placed the excess length of belt behind her own back. Since she
Registered Nurse Pausits, a defendant out of the many involved with Parson’s case, has failed to provide Randy Parson with the correct prescription drug during his stay at Standish. The Plaintiff wanted to prove that she unsuccessfully administered medication to Randy Parsons and that a reasonable jury can conclude the fact Pausits was aware of the risks to Parsons. The court has reversed the grant of summary judgment to Nurse Pausits, because this case would rise to the level of deliberate indifference. Plaintiff Parsons revealed that Pausits perceived facts to infer substantial risk to Randy Parsons and drew the inference. She had to state she was aware, which she did, of a substantial risk. Evidence has shown that Nurse Pausits could have gotten Dilantian for Randy Parson if she viewed the situation as an emergency. Pausit’s case has discovered confirmation that she administered 100mg of Dilantin to Randy Parsons August 27, at 6:00 p.m. However, in Randy’s toxicology report, no Dilantin was shown in his body for 3 days before his death, which was August 28. Wellbutrin was shown in Randy’s body instead of Dilantin, which is a form of an anti-depressant that helps people suffering from seizures and can prevent causing a seizure. Displayed that Pausits signed Randy’s Medication Administration Record (MAR), when the prison log showed that Registered Nurse Alexander performed the medication August 27, raises a red flag as to who performed the medication and what prescription was given. The Plaintiff provided enough evidence towards Pausits in that she has unsuccessfully administered the medication to Randy and that Pausits was aware of a substantial risk to Randy Parsons. Because of this, a jury can place more significance on the t...
The second issue is whether or not the defendant has an obligation to reimburse for an injury. The outcome of this second issue depends whether or not it is rational for the defendant to have to pa...
Instead that it was the duty of the radiology technician to assess the patient and get additional assistance when necessary. A radiology expert witness retained by the plaintiff criticized each of the defendants. “The expert testified in a deposition that the hospital should have provided at least one other person to assist the technologist so that the patient would not have to stand unassisted. The expert also charged that the technologist acted improperly by permitting the patient to stand alone and that the technologist should have requested additional help. The expert criticized the defendant radiologist for not remaining in the room to supervise the technologist until the entire examination had been completed. The expert stated that the radiologist had a duty to appropriately supervise the actions of the technologist and that his failure to do so constituted a breach of the standard of care” (Berlin, par. 4). However, an expert radiologist retained by the defense supported the actions of the defendant radiologist, testifying that the hospital should be the one to determine how many technologists and how much assistance was needed for conducting lower gastrointestinal examinations. The expert for the defense agreed that it was the responsibility of the radiologist to
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.
To succeed in a negligence action, you must prove each of the following. The first element, did George owe the plaintiff a legal duty of care? Legal duty of care paradigm includes that a person acts towards others with attention, prudence, and caution. George owed a duty of care to people by leaving his car in park.
For healthcare providers, there is no word that elicits as much frustration, fear and anger as much as the word “malpractice.” Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence. In order to prove that there was some type of negligence going on you must show that:
Cortell (2008) lists the following responsibilities that all dental hygienists must maintain in order to practice. First and most important professional obligation is to maintain licenses and appropriate certification to be able to practice legally. The second is to demonstrate comprehension of and follow the American Dental Hygienists’ Association Code of Ethics that ensures ethical patient care. The third professional responsibility is to maintain ADHA membership and support the profession. Fourth responsibility following the changes in health and dental hygiene profession that may affect dental hygiene care. One good example to this was a change in certain health conditions that does not require pre-medications by the American Heart Association for dental procedures. The fifth responsibility is that dental hygienists must participate in activities that maintain continued competence. Being committed to life-long learning to remain competent is the sixth responsibility of the dental
The dental hygiene profession has long been one of the most important and rewarding careers in the dental field. As our society has become more aware of the importance of preventive measures in dental care, the dental hygiene profession has taken a center stage in dentistry. The residual effect of elevated awareness of preventive care is the increase in liability of practicing dental hygienists. Due to the fact that majority of hygienist works in private practices, many do not have the proper education regarding liability issues of being a health professional and less likely to have their own risk assessments to mitigate any potential career ending lawsuits.
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...