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Basic principles of negligence
Carelessness or negligence case
Carelessness or negligence case
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This hypothetical case Einaugler (Mr. Frost) v. Supreme Court of New York can be view as a non-intentional tort. Intentional tort is a deliberate act. The proof of intent can be attributed to the defendant’s intended act of his or her behavior. This is a case of negligence and negligence as defined by (Pozgar, 2016) is the failure to act when there is a legal duty to act, a wrong that involves a willful act that violates another’s interest and led to emotional distress as seen in this case. Dr. Frame’s negligence is a “form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society (Pozgar, 2016, p.65). Dr. Frame ordered a nurse to pump …show more content…
Did Dr. Frame read the Mr. Frost’s medical history? Did he reviewed his notes before treating the patient? Mr. Frost was transferred to the hospital for a specific reason; to receive kidney transfer from his twin brother James. So how could the attending physician not be aware of his medical history? And if Dr. Frost had failed to do this, what about the nurse? When the patient was transferred to Greater works hospital for treatment of renal disease, did the previous facility not give any report about Dr. Frost medical condition? And going back to the nurse who administered the feeding solution through the Mr. Frost catheter implant, was the nurse aware of the fact that it was a catheter implant? If yes, why did the nurse failed to inform Dr. Frost that it is a catheter implant not a feeding tube? Was the nurse so ignorant to realized such an error? Is the nurse knowledgeable about the patient’s medical history? And what about Even greater works hospital (EGWH)? When Mr. Frost was transferred to the hospital, why did the hospital delayed treatment till the next day? Did Greater works hospital notified EGWH that the patient was having an emergency? Mr. Frost was supposed to be transferred to EGWH intensive care unit (ICU) per his symptoms. Dr. Frame would have emphasized on this. While at EGWH, it was reported that Mr. Frost was less responsive, weak and unable to …show more content…
Frost was transferred to Greater works hospital (GWH) for a specific reason; kidney transplant, which implies, the hospital was quite aware of his medical condition. For such a horrific error to have occurred, implies those involved were not knowledgeable of Mr. Frost’s medical condition or just negligence. Care should be safe, GWH should avoid injuries to patients from the care that is intended to help them. I will get into the details of this case by conducting an inquiry. My inquiry will include: whether the hospital got a report of Mr. Frost upon admission and if Mr. Heat communicated details about the patient to the hospital. Then I will be taking appropriate steps with the staff involved and at the same time, I will try to reach an arbitration with Mrs.
Nursefinders argues that the causes of action based on respondent superior liability failed because Drummond was a special employee of Kaiser or acted outside the course and scope of her employment. they also asserted that no triable issues listed on Montague’s negligence claim and the lack of cable cause of action precluded a derivative loss of consortium claim.
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
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
In conclusion, the death of Mr. Ard was the result of negligent behavior by the on duty nurse. If the nurse would have followed standard policies and procedures the patient outcome would have been different. This would include being more attentive to the patient’s call button, as well as, performing standard respiratory tests given the patient’s condition. There was also a failure to properly review documentation, and add new notations to patient’s medical chart as needed. In the end, the court of appeals should have found the hospital negligent in the death of Mr. Ard.
There are defenses against negligence lawsuits for sports medicine professionals. The first of which is assumption of risk, where the athlete voluntarily and knowingly assumes the risk of an activity through an expressed or implied agreement. This can be done by having a form signed during pre-season paperwork. This does not forgive a clinician of reckless conduct, however. Assumption of risk is for the usual risks, and the athlete by singing assumes responsibility for injury that occurs as a result of the inherent dangers of sport. It is crucial that athletes be informed that risk for injury exists and understand the nature of that risk. Another defense is an act of God, which are events that are outside of human control. This includes natural disasters, weather, and other environmental concerns in which no one can be held responsible. If the incident was not foreseeable, this is another defense a clinician could use against a negligence lawsuit. Foreseeability is based upon whether the clinician at fault could have realistically anticipated the consequences that would result because of their conduct. In order for the clinician to be held liable, the harm must foreseeably arise from the negligent act. Good Samaritan laws provide limited security against legal liability should an accident arise while providing care during an emergency, in good faith, without expected compensation, and without misconduct or gross negligence. This usually does not apply to someone providing care during regular employment. It was created for situations in which a volunteer comes to the aid of an injured person during an emergency in order to reduce bystanders ' hesitation to assist because of the fear of a lawsuit. The individual providing care must ...
Jack’s case is an example of medical negligence. The physician that prescribed the prescription should have done a full physical and medical exam on the patient. Jack’s physician failed to ask if he was allergic to any medication. Before prescribing any medication one of the first questions should be what or if they are allergic to anything. Jack faced several health complications such as difficult breathing, turning red, and falling to the floor. He went into anaphylactic shock due to the fatal allergic reaction. The last encounter with Sulfa, Jack developed a rash due to the allergic reaction. Health professionals are required to undergo training
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 a driver runs a red light and no accident occurs, the driver is still negligent, even though no one got hurt. Similarly, a doctor or other health care professional might deviate from the appropriate medical standard of care in treating a patient, but if the patient is not harmed and their health is not impacted, that negligence won’t lead to a medical malpractice case.
There was inappropriate staffing in the Emergency Room which was a factor in the event. There was one registered nurse (RN) and one licensed practical nurse (LPN) on duty at the time of the incident. Additional staff was available and not called in. The Emergency Nurses Association holds the position there should be two registered nurses whose responsibility is to prov...
Nurses come in direct contact with the patients and their families. Therefore nurses are held liable for their work. Negligence is when nurses fail to perform according to the standard of care that results it any kind of harm, damage or death of a patient. If the patient suffers any of the problems they have a full right to bring legal action against the nurse for negligence. Negligence can be civil or criminal. In this case we can look at RN Manton he has shown negligence with his duty of care towards Mr. Hammett therefore he is liable for his death. We have observed that Manton didn’t follow the hospitals protocol during the desaturation event and treated Mr. Hammett on bases of his own experience. Manton admitted that he had ignored the prescription from Dr Woller in relation to oxygen that indications negligence. This shows he has failed to apply his skill and knowledge in this case He also relied on EN valentine to do all the observation and look after the patient on that shift which shows Manton being irresponsible towards his duty of care. He should have check on Hammett himself and monitored
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
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.
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
The patient in question was admitted with suspected pancreatitis. This piece of reflection will pay particular attention to the care I gave the patient in the form of instigating admission documentation, assessing their condition, instigating care plans and administration of any medications required. The patient in question had complex needs and as a staff nurse and according to the NMC (2009) I should be able to provide the care he/she required.
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...