The facts of Fiorucci v. Chinn, 764 S.E.2d 85 (Va. 2014) that originated from Alexandria Circuit Court are as follows. Stephen Chinn was examined by Dr. Richard D. Fiorucci a maxillofacial surgeon for the evaluation of three wisdom teeth. Upon examination Dr. Fiorucci noted that the three wisdom teeth were decaying but were impacted to the bone. He still recommended extraction of the said teeth. Dr. Fiorucci extracted Chinn's upper left wisdom tooth but perforated the bone adjacent to the left sinus leaving a large opening in the sinus. He attempted the extraction of Chinn's lower left wisdom tooth but encountered severe bleeding and halted the surgery, leaving part of the tooth and the root. He did not attempt extraction of the third tooth
(Fiorucci v. Chinn, 2014). The lower left wisdom tooth that was improperly extracted caused severe nerve injury leading to permanent numbness in Mr. Chinn’s jaw. Prior to trial Chinn filled a motion in limine to exclude two informed consent documents he signed before surgery. The motion was granted. The jury ruled in favor of Chinn stating Dr. Fiorucci was negligent in failing to properly diagnose and treat Chinn’s condition. Dr. Fiorucci contends that the circuit court erred in excluding evidence of the signed consent and filled an appeal. Under Virginia law, is the plaintiff, Dr. Fiorucci right in stating the circuit court erred in its decision to exclude evidence of the risk of surgery discussions between Dr. Fiorucci and Chinn? If admitted is the consent form enough to forgo the medical malpractice claim? Malpractice is defined by Virginia Code as any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient (Va. Code Ann.§ 8.01-581.1).
The essay “Being a Chink” was written by Christine Leong for her freshman composition class at NYC and was later published in Mercer Street. Leong begins with the affect that language has on people, how it can define us, make us feel, and differentiate us. She recalls the first time she saw the word chink, one summer while working in her family’s Chinese restaurant. While dusting some shelves she came across a white bank envelope with the work chink written on it in her father’s handwriting. Consequently she was upset by this finding; since she was not sure if her father was called this name by a customer and he wrote it down to find the meaning of this word. Since her family was one of two Asian families living in the area, she was not surprised
In a 1973 case, Perin v. Hayne, the District Court System of Iowa addressed the question of whether a cervical fusion performed on a female patient resulted in a paralysis of a vocal chord. (Showalter 160.). In this particular case the plaintiff, Perin, began consulting Dr. Robert A. Hayne for a cervical fusion surgery. Perin underwent the cervical fusion surgery to eliminate the pain, weakness, and numbness in her back, neck, right arm, and hand, which was caused by two protruding cervical disks. Subsequently, Perin alleged she suffered paralysis of a vocal chord because of an injury to the right recurrent laryngeal nerve during the surgery. In a consultation in 1968, Dr. Hayne took on the cervical fusion surgery for the plaintiffs pain, weakness, and numbness in her back, neck, right arm, and hand. The results from this surgery had resolved the plaintiffs injuries. Soon after, the plaintiff admits that even though the surgery resolved her previous
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….
“The Death of Woman Wang”, written by Chinese historian Jonathan Spence, is a book recounting the harsh realities facing citizens of Tancheng country, Shandong Province, Qing controlled China in the late 17th century. Using various primary sources, Spence describes some of the hardships and sorrow that the people of Tancheng faced. From natural disasters, poor leadership, banditry, and invasions, the citizens of Tancheng struggled to survive in a devastated and changing world around them. On its own, “Woman Wang” is an insightful snapshot of one of the worst-off counties in imperial Qing China, however when taking a step back and weaving in an understanding of long held Chinese traditions, there is a greater understanding what happened in
On Thursday November 2, 2000, 15 year old Lewis Blackman checked into Medical University of South Carolina Children’s Hospital (MUSC) in Charleston for elective surgery on his pectus excavatum, a congenital
Being Chinese, I understand first hand how discriminatory words can impact the way that you view yourself. I was really able to relate to Christine Leong’s, “Being a Chink”, and was able to empathize with her feelings of anguish over having a loved one called a derogatory name. Many times I have been made fun of due to my small eyes, flat face, and short stature, all of which are common traits that most Chinese people share. I have been treated differently, asked absurd questions, and been stereotyped all because of my ethnicity. The multiple times I’d been made fun of because I was Chinese are vividly burned into my memory, I can even remember the outfit I was wearing. That just goes to show how powerfully words can affect someone. My
In June 1950, following World War II, North Korea and China invaded South Korea and the Korean War began . Seventeen countries in the United Nations and the United States sent armies to help defend the people of South Korea. The Battle of Chipyong-Ni was an important battle and victory for COL Paul L. Freeman and the United Nations, especially after the defeat in the previous days before this battle. This battle is sometimes described as the Gettysburg Battle of that era . Even with the fear of being over ran by the Chinese, COL Freeman was extremely successful using mission command during his two-day battle at Chipyong-Ni.
Mr. Michael Hicks came thru the surgery with no complications during the surgery however, after the surgery there were many complications that occurred. Mr. Hicks suffered some complications after the procedure and sued Dr. Borud, the hospital, five other doctors and two nurses. The case was not settled in court, but was settled for confidential terms. Mr. Hicks deserves compensation for his time lost as well as the wrong doing performed by the hospital and the medical staff on the behalf of his case during his procedure. Mr. Hicks expected to wake up fine and his scare fixed in the time frame of around ninety minutes, not seven hours, plus have complicati...
It began on Thanksgiving day, in November, 1999, when two fisherman pulled the body of a five year old cuban boy out of the waters off the coast of Florida. The boy was Elian Gonzalez. He was one of three survivors of a group of Cuban refugees seeking political asylum and freedom from communist Cuba under Fidel Castro's rule. Elian's mother, Elisabeth Brotons, along with her common-law husband and nine others, drowned when the boat carrying them to the United States capsized and sank. Elisabeth Broton's husband, Lazaro Munero, was apparently trying to smuggle his family and the others into the United States, charging the others one-thousand dollars for the trip. When the boat took on water, two large truck innertubes were used as flotation devices in an attempt to remain alive. After more than a day adrift at sea, Elian was found alone clinging to one of the innertubes off shore near Fort Lauderdale. He was dehydrated, sun-stricken, and emotionally scarred from watching those around him perish in the vast ocean; but he was alive.
Rockwell, P.E.,M.D. Director of Anesthesiology, Leonard Hospital, Troy, NY, U.S. Supreme Court, Markle vs. Abele, 72-56, 72-730, 1972. P.11
...untable, and can face a malpractice lawsuit, for causing a visceral perforation because he or she was not careful enough, made a mistake, or tried to perform something blind, causing the patient to get more complicated procedure, and possibly die.
CONCLUSION “There are just too many variables,” said Dr. C. Michael Bowers, author of “Forensics Dental Evidence: An Investigator’s Handbook,” (Bowers, 2004.)
In the Supreme Court Case Gonzales v. Raich on June 6th, 2005, physician-recommended marijuana users Angel Raich and Diane Monson argued that the Controlled Substances Act (CSA) allowed the United States Congress to abuse the Constitution-granted power of the Commerce Clause (Rosenbaum). Consequently, Raich and Monson’s case contributed greatly to the debate of federalism under the United States law (Rosenbaum). As demonstrated by the Supreme Court case of Gonzales v. Raich, the role of the People is to notice a wrong in the government and attempt to make a change to better benefit the People, including either limiting or increasing the government.
“Send the bill.” the mayor said. “To you or the town?” the dentist asked. “It’s the same damn thing.” the mayor proclaimed. This quotation perfectly explains the immoral aspect of this town. The town should be representing the people, however, the author depicts the unfairness of the community by describing the mayor and the town as the exact same thing. Metaphorically, the author also uses the extraction of the infected tooth to symbolize the “infected” government in this society and how the mayor’s dominance is so innate in the town’s
It was a sunny Monday morning when I rolled out of bed, took a shower, put my blue scrubs on, and headed out to work. When I arrived to my dental office in Downtown Summerlin, I could already see the smiling faces of my co-workers, Jackie and Tammy, and I could hear the subtle noise of the dental suction. As I was preparing for the day, the dentist arrived and so did the first patient; a grumpy old man. After what seemed like an hour of dealing with the old man’s attitude and complaints, I finally sat down to assist the doctor with the root canal procedure. As I was sitting in the dental chair, I could only focus on my throbbing back pain and negative attitude. I stopped for a brief moment and looked around at our beautiful tulip wallpaper