On July 11th, 1975 in Milwaukee, Wisconsin a doctor by the name of Lester V. Salinsky, performed a surgery on the plaintiff, James Johnson. The surgery was took place at Misericordia Community Hospital (Misericordia), defendant, by Dr. Salinsky. Dr. Salinsky was scheduled to remove a pin fragment from the plaintiff’s right hip. However, “during the course of this surgery, the plaintiff’s common femoral nerve and artery were damaged causing a permanent paralytic condition of his right thigh muscles with resultant atrophy and weakness and loss of function” (Johnson v. Misericordia Community Hospital, n.d.). The plaintiff filed suit against Dr. Salinksy and Misericorida on October 13th, 1976, fifteen months after his unsuccessful surgery, which …show more content…
Case Overview In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a …show more content…
The words physician and doctor is not mentioned in the Bible. However, God says, “I am the Lord who heals you” (Exodus 15:26, NIV) which makes Him our ultimate healer. Additionally, God has a plan for each and every one of His children. He has assigned all his children a certain passion, craft, and love for either teaching, healing, loving, and/or caring for one another. Nonetheless, the Bible expects us all to take personal responsibility in all areas of our lives for His sake because we all have the responsibility to “believe in the good news and repent” (Mark 1:15, NIV). He lives through us in all that we do and “lying lips are an abomination to the Lord, but those who act faithfully are his delight” (Proverbs 12:22, NIV). We are able to live on His green Earth because He sacrificed His life for ours. Therefore we should not “be conformed to this world, but be transformed by the renewal of your mind, that by testing you may discern what is the will of God, what is good and acceptable and perfect” (Romans 12:2, NIV). We shall not lie, cheat, steal, or deceive (Leviticus 19:11, NIV) because we are Godly and should find joy in the relationship we have with God because he knows what is best for
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
All information about the following characters in the case study were retrieved and/or inferred from A Consequence of Testing ALL Students article.
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
In the case of Riser v. American Medical Int’l, Inc., Riser, a 69-year-old mother of four children, was suffering from circulation complications in her lower arms and hands. She had a history of several conditions such as diabetes mellitus, end-stage renal failure, and arteriosclerosis. The physician at Hospital A, Dr. Sottiurai, requested bilateral arteriograms to find the etiology of Riser’s circulation problems. However, Hospital A could not fulfill Dr. Sottiurai’s request, so Riser was transferred to Hospital B under the care of Dr. Lang, who was a radiologist. At this instance, Dr. Lang mistakenly performed a femoral arteriogram instead of the bilateral arteriogram that Dr. Sottiurai had originally ordered, and after the procedure when Riser was on her way to be
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….
Another case is that of 17-year-old Kendrick Johnson whose death was initially ruled the result of accidental suffocation. A second autopsy produced a different conclusion, but when the second autopsy was performed, his body had been stuffed with newspaper, and his organs were missing ("Organ Trafficking, Melanin Theory & the Fountain of Youth -," n.d.). The brain, heart, lungs and liver were missing. He also discovered Johnson's death was due to blunt force trauma to the right side of his neck (Archer,
Richard Arzu underwent a surgical procedure to correct a condition he was born with; known as dwarfism. He became paralyzed from the waist down as a result of the operation. Through legal representatives, Richard was awarded a substantial structured settlement from his malpractice action against the hospital that performed the said surgical procedure. The settlement payments were deposited into a joint account between Richard and Frank. Over a period of a few years, the father withdrew numerous times, large amounts of money. These transactions were not authorized or to the knowledge of the son. When Richard turned eighteen, the fund...
The technologist asked the patient if he was able to stand for the upright abdomen exam and the patient affirmed that he could. The radiology technician positioned the patient against the wall bucky, and as the technologist walked to the control panel, the patient collapsed and hit his head on the floor. The patient was taken to the operating room, where a neurosurgeon evacuated the hematoma. A malpractice lawsuit against the radiologist, the radiology technologist, and the hospital. The lawsuit alleged that the patient had sustained a “serious head injury with permanent sequelae” (Berlin, par3) because the defendants had failed to provide a standard of care in allowing the patient to stand alone without support of personnel during a radiologic examination that consisted of distending the colon with air and barium to such degree that sudden loss of consciousness should have been anticipated. The radiologist and radiology technician violated Section A, Code of ethics number 4, 5 and 6 which states, “4. the radiologic technologist practices technology founded upon theoretical knowledge and concepts, uses equipment and accessories consistent with the purposes for which they were designed and employs procedures and techniques
John H. Johnson was born January 19, 1918 in rural Arkansas City, Arkansas. His parents were Leroy Johnson and Gertrude Jenkins Johnson. His father was killed in a sawmill accident when little John was eight years old. He attended the community's overcrowded, segregated elementary school. In the early 1930s, there was no public high school for African-Americans in Arkansas. His mother heard of better opportunities for African-Americans in Chicago and saved her meager earnings as a washerwoman and a cook and for years until she could afford to move her family to Chicago. This resulted in them becoming a part of the African-American Great Migration of 1933. There, Johnson was exposed to something he never knew existed, middle class black people.
...sed on analyzing the provisions, South Dakota have stricter laws regarding filing lawsuits for medical malpractice. Accordingly, the caps on recovery for damages of the victims and attorney’s fees are lower in South Dakota. It is relatively more difficult to file a case in South Dakota. In this light, the authorities may need to review these provisions if these are fair and reasonable for both parties.
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
...r malpractice if a patient were given a surgery based on findings and it turned out they actually did not need the surgery.
A physician is defined as a person qualified to practice medicine which I realize is a very broad definition, but it’s history is very rich. The practice of being a physician can be traced back to ancient civilizations. The first recorded physician was Hippocrates of Ancient Greek who lived two thousand and five hundred years ago, but some of his methods still affect modern practices. Later, other great civilizations followed suit in developing medical theories from diagnosis to treatments. Sadly the Middle Ages saw little to none new theories or interest in physician practices, but a renewed interest during the renaissance created many needed discoveries for vaccines, treatment, and diagnosis techniques. Human knowledge is ever increasing in todays modern world bringing major breakthroughs in areas that have plagued humans. ("Physicians.")
Healer, Specialist, Physician, Medicine Man, Quack, across cultures there have been many names for the people we consider “qualified practitioners of medicine.” (Merriam-Webster, 2015) Throughout our worlds history we have sought out their counsel on various medical issues that may be as small as a cold to as severe as cancer. It is the zeitgeist that doctors be revered as important to a society as they hold such a large responsibility. Since venerate doctors as significant, is it not important to look at how our relationships with these individuals affect our health? Why is it said that “Doctors make for the worst patients?” or why is it that doctors are not likely to treat family members or people close to them? What is it about this relationship that is so important? We won’t entertain these actual questions, but they were intended to open the mind to the idea that there is an importance to this relationship. The most important aspect being communication.
I solemnly pledge myself before God and in the presence of this assembly, to pass my life in purity and to practice my profession faithfully. I will abstain from whatever is deleterious and mischievous, and will not take or knowingly administer any harmful drug. I will do all in my power to maintain and elevate the standard of my profession, and will hold in confidence all personal matters committed to my keeping and all family affairs coming to my knowledge in the practice of my calling. With loyalty will I endeavor to aid the physician in his work, and devote myself to the welfare of those committed to my care (Gretter, 1935).