The Legal system and health care system are both intertwined in many more ways than we think. Every time, we as nurses hear an advertisement for legal services like “Morgan and Morgan” the first thought that comes to our mind is that they are here to take our jobs away from us. As nurses, we are more liable for a lawsuit than the average citizen. Finkleman and Kenner (2013), describe legal issues as being a part of every nurse’s practice. They further explain that the nurse’s license itself is a legal issue that is enforced through the legal system (p.190). A form of…
Facts: At a teaching hospital, Mullins who is the plaintiff marked or ticked the section of approval form that consented to “the presence of healthcare learners”. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However, when Mullins was unconscious during the surgery, a student (VanHoey) was allowed by the Anaesthesiologist to perform intubation. Mullins’ oesophagus was lacerated by VanHoey as it was VanHoey’s first day practicing on a live patient.…
This firm represents North Texas Division, Inc. and its affiliated facilities, including Medical City Dallas Hospital (“Medical City”). Reference is made to the Medicare Advantage Facility Participation Agreement (eff. October 30, 2010) as amended (collectively, the “Agreement”). I write regarding SelectCare’s failure to appropriately adjudicate a claim by Medical City for services provided to patient E.F. By this letter, the Hospitals invoke all dispute resolution procedures permitted or required under the Agreement.…
Briefly, the summary judgment facts of St. John v. Pope (1995) noted that Pope, who had recently undergone back pain surgery and epidural injections at Round Rock Hospital, went to the Central Texas Medical Center emergency room in San Marcos for back pain and fever. The emergency room physician, at Central Texas Medical Center, telephoned St. John, the on-call physician, who recommended Pope be referred to the Round Rock Hospital, where his surgeon was on staff. However, when Round Rock Hospital’s emergency room refused to accept Pope, he went home. The following day in a hospital in Austin, a lumbar puncture revealed Pope was suffering from meningitis, which resulted in permanent disabilities (St. John v. Pope, 1995).…
Facts: Terry Hutchison was a self-employed lawyer until two years ago when he retired. He had a…
In 1980, patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis for Johnson (casebriefs.com). Ultimately, Johnson suffered a permanent paralytic condition to his right thigh muscles with resultant atrophy and weakness as well as a loss of function after undergoing hip surgery performed by Dr. Salinsky (Showalter,…
FOR THE SIXTH CIRCUIT _________________ X Plaintiff-Appellant, No. 05-3708 > , Defendant-Appellee. N On Remand from the United States Supreme Court. No. 02-00708—James G. Carr, Chief District Judge. Argued: June 23, 2006 Decided and Filed: July 22, 2008 Before: BOGGS, Chief Judge; BATCHELDER, Circuit Judge; BELL, Chief District Judge.* _________________ COUNSEL ARGUED: Joseph R. Wilson, ASSISTANT UNITED STATES ATTORNEY, Toledo, Ohio, for Appellant. Spiros P. Cocoves, LAW OFFICE, Toledo, Ohio, for Appellee ON BRIEF: Joseph R. Wilson, ASSISTANT UNITED STATES ATTORNEY, Toledo, Ohio, for Appellant. Spiros P. Cocoves,…
It was found that the hospital was responsible for the injury that occurred under the care of the hospital…
Before 2004, courthouses and other public buildings differed from how they are today. There was one thing that these buildings did not have, a handicapped entrance. At this time, it could be very embarrassing to be handicapped because you could do nothing for yourself. If you wanted to enter a public building, you had to ask someone to carry you in, or even worse, you might have to crawl up stairs to enter! This was a definite problem that had been around for years, however, no one addressed it.…
Facts: On July 4, 1972, Mrs. Mitchell started working at the Center in Lovington as a nurse’s aid. After being there for a year, she had additional duties at to her work load. She now served as a relief medications nurse two days out of the week. Mrs. Mitchell was starting to act out. She had an argument with the head nurse, Mrs. Stroope, in a crowded area of the Center. There was an incident where Mrs. Mitchell came to work out of uniform. On that particular day the Federal Regulation Inspectors were there for a visit. She was told to go home and change, but she refused to do so. The next day she came back into work out of uniform. She was told to go home and change, but this time she did as she was told. On May 24, 1974, she was switched from medications to the floor routine. She was angry and refused to hand out medication. She refused to perform her duties from May to June 4. Mrs. Mitchell was fired on June 4, 1974. Mr. Smith, which is her boss, paid her for that day, a week’s vacation, and another week’s of salary.…
The case Hazelwood v. Kuhlmeier is a very interesting case because it requires the courts to balance two very important values of American society, freedom of speech and education. Many Americans have made countless sacrifices to ensure that we can enjoy both freedom of speech and one of the best education systems in the world. Due to the fact that these values are so important to the American people, it is no surprise that the decision had to be ultimately made by the Supreme Court of the United States. It is also not surprising that due to the nature of the case, the Appeals Court had a different decision than both the District Court of Missouri and the Supreme Court of the United States of America. Although I find merit in the dissenting…
Throughout the history of the United States, Supreme Court decisions have addressed the constitutional rights of individuals and groups. These decisions have limited as well as expanded the rights of the members of these groups. Cases such as Korematsu v. United States and Roe v. Wade are examples of the limitation and expansion of rights.…
A major legal/ethical issue that was presented was during the courtroom scene when the nurse stated that she was bribed by the doctor to change the admitting form to protect his career and reputation as a doctor. Furthermore, in the court room scene, the nurse said that Dr. Tower had five difficult delivers in a row and was tired, and he never look at the admittance form, and to change the hour on the admission form if not the doctor would make sure she would be fired. Another issue that lead to this malpractice suit was that the doctor gave the patient the wrong anesthetic as well put her under for the surgery just one hour after a full meal, while the…
Dread Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution.…
Frith, K. H., Anderson, F. E., Tseng, F., & Fong, E. A. (2012). Nurse staffing is an important strategy to prevent medication errors in community hospitals. Nursing Economics, 30(5), 288-294.…