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Legal issues in nursing and health care quizlet
Legal issues in nursing and health care quizlet
Legal issues in nursing and health care quizlet
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In the case of Michael T. Vandall, M.D., Plaintiff and Appellant v. Trinity Hospitals, a corporation, and Margaret C. Nordell, M.D., the issue is about retaliatory discharge. It deals with problems with Trinity Hospital in North Dakota, Dr. Margaret Nordell and Dr. Michael Vandall, both physicians working in the OB-GYN department.
Dr. Vandall was hired in 1996 by Trinity Hospital under the Physician Services Agreement. The Physicians Services Act, or PSA is a contract that establishes terms of engagement, such as responsibilities, scheduling, salary and insurance. PSAs are a form of alignment between hospitals and physicians that falls just short of full employment. Hospital contracts physicians for certain, outlined professional services, and the hospital directly employs the group staff and takes care of the administrative costs (Herman, 2012).
While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
Dr. Vandall did what the law required him to do when he learned what was going on. After that, Dr. Nordell began filing many complaints against Dr. Vandall, stating that he was "looking at her patient's...
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...s concern for the patients. There was no danger to his life, no person was getting threatened in front of him or property being destroyed, as what happened in the staged films, but I'm certain he was aware of the legal proceedings that would occur. He still went through with his decision to do the right thing. Dr. Vandall was living up to his ethical duties by reporting the actions of Dr. Nordell and followed thorough with his rights to protect himself when dealing with the hospital. Sometimes the simplest and best intentions end up turning into complicated matters, but that is a risk we need to take. When it comes to legal proceedings, it is best to know as much as possible in order to have a favorable outcome. I believe that starts with doing the right thing in the first place. But if that isn't possible, make sure you know your resources to get the help you need.
FACTS: Dr. Robert Lee Berry (Defendant) was a practicing anesthesiologist, who practiced with Dr William Preau and Dr. Mark Dennis. He was also shareholder in Lakeview Anesthesia Associates, LAA (defendant). Berry also had staff privileges at Lakeview Medical Center (LMC) (Defendant). In Nov 2000, Lakeview (Defendant) investigated Dr. Robert Berry after nurses concern. In March 2001, Berry was found groggy, unfit to work and sleeping in a chair, Based on this incident and suspicions that Barry was stealing Demerol from the hospital, he was terminated from LAA and Lakeview and his LMC staff privileges were withdrawn. Afterward, Berry applied for job as anaestheologist in Kadlec Medical Center (plaintiff). Before employing Kadlec, the facility sent a letter to Lakeview requesting recommendations and included a questionnaire with specific questions to be answered.
It is our conclusion that there is today no factual justification for immunity in a case such as this, and that the principles of law, logic and intrinsic justice demand that the mantle of humanity must be withdrawn.” (Parker v. Port Huron Hospital, Michigan)
Learning from what Dr. Anna Pou had to face with the lawsuits she was dealing with makes me cringe. As Healthcare professionals, having to worry of possibly being sued for believing what is right for the patient or as a whole for the hospitals health is ridiculous. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Often time’s society look at courts cases as a battle versus two oppositions, but Dr. Pou’s case it is not. In her statements from national television she states saying her role was to ‘‘help’’ patients ‘‘through their pain,’’.
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
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
She controlled every movement and every person’s actions and thoughts. She made the doctors so miserable when they did not follow her instructions, that they begged to be transferred out if. “I'm disappointed in you. Even if one hadn't read his history all one should need to do is pay attention to his behavior on the ward to realize how absurd the suggestion is. This man is not only very very sick, but I believe he is definitely a Potential Assaultive” (). This quote from the book illustrated how Nurse Ratched controlled her ward. She manipulated people into siding with her regardless of whether it was the right decision. This was malpractice by Nurse Ratched because she did not allow the doctor, who was trained to diagnose patients, to do his job properly. Instead, she manipulated the doctor to diagnose the patients incorrectly in order to benefit her interests rather than those of the
This article includes recently released information about an incident that has been completely settled. The article states that a nurse practitioner, Martha C. Smith-Lightfoot, took a spreadsheet from University of Rochester Medical Center (URMC) that contained around the information of around 3,000 patients. She had previously worked at URMC, but she had switched jobs to work at Greater Rochester Neurology. When she left URMC, she took the spreadsheet with her without their URMC’s consent.
The main problem here is that there was dereliction of duty on the part of the entire medical staff at the
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
The effect of this decision will protect society and other people like John will learn about consequences. Other psychologists will also learn from Dr. Romaro for good ethical examples. As a Psychologist Dr. Romero requires to have good ethical judgement. His job is very important and his decision affect him in the long run. This was a very sensitive time I his life and there were times when his report could have been bias. Dr. Romaro chose to prolong the timing of his report in other to request older result. Although they were not helpful due to timeline. Dr. Romaro was trying to be fair and accurate regarding his results. As a future Psychologist I feel like this Dr. was trying his best to make sure that his results were accurately fair so that he could have the appropriate diagnosis for john until his confession. Although this confession was not in john’s advantage, then the Dr. could really see john for who he was. And also he john was really sick and hallucinated and confused the Dr. would also be able to help. “The boy waiting for the bus
The PCP also notified the Clinic Board and Administration about Sally’s threat to sue the clinic for releasing her information without prior consent. The Clinic Board and Administration conducted an internal investigation which reveal several ethical and legal standards were violated.
as a defense expert. Later, the plaintiff who had been treated by Dr. Kavaler testified in
The nurses have rarely seen this behavior and Nurse Ratched usually handles these situations appropriately. That day she didn’t and every one was surprised. Everyone’s defense to Nurse Ratched has been questioned. Because of one man that carries himself as if he wasn’t a mentally ill. Everyone has a defense against her but never thought of acting themselves instead of routinely. Even the nurses have nothing to say because all their defenses have been questioned.
88).The film inspects Dr. Peeno’s realization of this concept in her first position was at Humana, an HMO, as a medical reviewer. HMOs such as Humana are based off of bureaucratic principles that take the personal perspective out of business (p. 36). As seen in Damaged Care, the structure was based off of a hierarchy that employed and enforced impersonal rules and principles of the organization (p. 36). When Dr. Peeno began her career at Humana, the organizational structure was explained to her very clearly; the nurses reported to the utilization review manager who reported to the medical reviewers who reported to Dr. Scarwood, the head of Medical Services. Avery Principle, one of the medical reviewers, explained to Dr. Peeno that the main objective at Humana was to get the physicians to refrain from ordering unnecessary procedures, which wasted funds. This explanation supported the interviewer, Mr. Gulson’s question to Dr. Peeno, when he asked her if she was good at saying no. Due to Dr. Peeno’s earlier experiences in medical school with her instructor ordering an unnecessary gall bladder surgery, she stated she could do definitely say no, for it was the right thing to do. Dr. Peeno did not realize that for the organization, saying no was a means of survival and safety for Humana, for it allowed Humana to save money and out of the
Jung, P., Lurie, P & Wolfe, S. (2006) U. S Physicians Disciplined for Criminal Activity, Journal of Law-Medicine, 16(355).