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Definition of medical negligence essay
Legal essay on false imprisonment
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Stowers v. Wolodzko It is the case against “Dr. Wolodzko” (defendant) by “Mrs. Stowers” (the plaintiff) in Wayne County court for the actions taken by the defendant and confinement of the plaintiff in the private mental hospital based on valid court order. Facts of the case: The plaintiff was a housewife living in Livonia, Michigan along with her husband and children. She wanted to apply for divorce due to the difficulties in their marital life and informed her husband about divorce two months prior to this incident. On December 6, 1963, the defendant came to the plaintiffs’ house by introducing himself as “Dr. Wolodzko” who had never met the couple before. Except that, the plaintiff did not know that he was a psychiatrist or he was there to examine her as requested by her husband. The plaintiff spoke with the defendant on telephone by the suggestion of Livonia police woman due to the domestic quarrel with her husband and at that time he informed himself as a psychiatrist to the plaintiff. Based on their conversation, on December 30, 1963, Wolodzko and Dr. Anthony Smyk upon request of the plaintiff’s husband without her consent or knowledge signed a promised …show more content…
On January 27, 1964, the court released her upon recommendation of two doctors appointed by the probate court to examine her. She filed law suits for false imprisonment, assault and battery and malpractice against Wolodzko, Anthony Smyk and Ardmore Acres. The court dismissed case on Smyk and Ardmore (115, 497, & 924, 1969) and (Swainson, n.d.). Legal issues: Whether the defendant is liable or not for restricting the plaintiff’s freedom to contact attorney or family under “false imprisonment?” In addition, as per “assault and battery tort law,” Is it legal for the defendant to treat the plaintiff without her consent? And, does the defendant’s act was unprofessional with the plaintiff under
The facts surrounding this case were obtained from both Reilly, and Zisko. It should be noted that Reilly failed to explain in his complaint how he was connected to the probate matter for which Zisko subpoenaed his employment records. The underlying matter that this complaint is related to is the “post-divorce case Elaine C. Menice vs. Jeffrey L. Menice, Plymouth Probate & Family Court Docket No. PL11D2044JP.”
Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease.
Facts: Plaintiff Donald Eschbach and Defendant Rite Eschbach were married in 1963 and divorce in 1979 the courts granted Plaintiff Eschbach the divorce on the basis of the couple lived separate and apart pursuant to a separation agreement for one year. The custody of the couple three children was granted to the mother to an oral stipulation of the parties entered in the minute of the court at inquest of the hearing held on January 1979. The stipulation, which also provided visitation rights for the children’s father, was incorporated but not merged in the judgment of the divorce.
Facts: According to the case Pembaur v. City of Cincinnati (1986), an Ohio physician was being investigated for fraud. During the course of the investigation, it was necessary to interview two employees from his practice. Since the employees did not respond to a subpoena, a warrant was issued and the Sheriffs were sent out to the physician’s office where the employees also worked. Upon arrival, the Sheriffs were not allowed to enter the area where the two employees
In 2 years the trial ended with the verdict of guilty on the account of
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.
In the case of Tomcik v. Ohio Dep’t of Rehabilitation & Correction, the main issue present was the medical negligence demonstrated by the staff of the medical clinic at the Ohio Department of Rehabilitation and Correction towards the inmate Tomcik. Specifically, nonfeasance, or the “failure to act, when there is a duty to act as a reasonably prudent person would in similar circumstances” (Pozgar, 2016, p. 192), was displayed when the employees at the medical clinic failed to give immediate medical attention to Tomcik when she continually signed the clinic list and “provided the reason she was requesting
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...
Bail is often left to the judge’s discretion and depending on the seriousness of the offense, the judge can act accordingly to the bail sentence, whether it may be a money bond or a mere promise to appear in court. The judge also has the authority to deny a defendant’s bail if deemed a danger to society. I personally believe the preventive detention act is important, especially in cases of high risk witness to testify against the defendant. U.S. v. Salerno is an intriguing case involving the captain of the Genovese crime family. Charges against Mr. Salerno demonstrated several accounts of racketeering and also alleged murder. Given such a high risk target, the courts rule to confine Mr. Salerno was important to protect
At the onset of assessment by a staff-counseling psychologist, the woman seemed to relax and share some of her thoughts and feeling. As the assessment process continued, the psychologist was able to ascertain that the issue with depression appeared to be a relevantly recent development. Additionally, the depression appeared to be the result of heighten conflicts between the woman and her husband pertaining to alleged extra material affairs. In conversation with the psychologist, the woman claimed to feel “overwhelmed”; her husband filing for divorce triggered the feelings she inferred, which reportedly lead to her breakdown. However, the psychologist has since discovered that the husband denies the affairs and attributes this to the depression. Additionally, the husband claims that the termination of the marriage is a result of the deterioration of his wife’s mental state.
I observed the officer claim that when he questions the defendant, he felt as if he was off. The victim gives a full detail report to the officer, describing what the person looked like and everything. One of the officers had taken his picture, and sent one to the transit police, to see if it was the same person they were looking for. In the meantime, the woman officer was interrogating him about where he has been and of prescription medication that was discovered in his bag. However, the defendant lied about why his taking the medicine. I observed that the police mentioned the defendant was very yielding and being extremely corporative. The officer mentioned that he took him to the hospital for psych assessment being that he was acting odd, so they kept him because of strange behavior. I observed the officer mention that from there, they got a report that the defendant was the same person they were looking at in the pictures. It was at the hospital that they arrested the defendant.
Rosenberg, Debra. “Michigan’s Day in Court.” Newsweek. 14 Apr, 2003. MSNBC Online. 20 Apr, 2003
As the EAI team was discussing Molly’s case, one of the ED Residents made a few telephone calls. Molly’s PCP reported that during her last visit about 2 weeks ago, Mollie was alert and able to respond to questions appropriately. He confirmed that Mollie’s daughter and son in law have experienced psychiatric problems, adding that the son in law has expressed anger regarding Mollie’s living arrangements. The home health care agency was contacted. The RN and aide both report they have never met the son in law and have had very limited contact with Mollie’s daughter. When contacted by telephone, the daughter provided no explanation for Mollie’s extensive bruises noted on admission to the hospital. The daughter stated that Mollie did not fall, but in fact lowered herself to the floor in an effort to draw
Rood, J.A. (1906). A digest of important cases: Offenses against the person. St. Louis, MO: Wahr.
The Paralegal Professional, A reference to the source of legal information chapter 12, pages 434, 446, and 454.