no doubt a tragedy‚ the reality that changing the culture of communication with in the hospital can be a formidable challenge that must be addressed to fix this ongoing problem that is occurring. This has lead to an increase in the number of medical malpractice lawsuits‚ where many plaintiffs have often said that they only way that they could find out the truth as to what happened to their relatives is to sue because the health care facility was not giving them the information that they asked for.
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So‚ liability of hospitals for physician negligence has been limited. But this is changing as hospitals evolve and vicarious liability doctrine is expanded by the courts. Scott v. SSM Healthcare St. Louis (2002) (page 419) -Lawsuit over medical malpractice after a teenager required brain surgery and sustained permanent injuries when a physician failed to properly diagnose a brain infection. Lawsuit targeted hospital even though treating physician was not a hospital employee. -Two elements to
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accident / medical malpractice Introduction As requested‚ I have reviewed the facts of the above-captioned file‚ along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation‚ Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph‚ as well as a medical malpractice action against the medical providers
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to how they conduct their practice. Carers have also an added legal duty to follow the training and procedures of their employers. Carers failing to follow their duty of care or codes of practice can be prosecuted in court under legislation for malpractice‚ abuse or neglect. (b) How duty of care contributes to the safeguarding or protection of individuals This duty of care helps organisation plan work ahead‚ assess and compile personal care plans for each individual that is tailored specifically
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situation for one Mr. Joseph Benson a 62-year-old diabetic with circulation problems that required a leg amputation. In this paper I plan to explore the legal implications in regards to the differences between negligence‚ gross negligence and malpractice. I will also explore some rational as to why union problems and/or nursing shortages could have been the cause of this disaster. Lastly I will describe the importance of documentation in regards to potential negligence as if I was the nurse involved
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two months prior and accepted fault‚ but blamed it on “fast-and-loose” granting of staff privileges LLHC. Legal claims and principles Identified in case Standard of care Informed consent CON Patient abandonment: EMTALA HIPPA Medical malpractice Negligence Scope of privileges and credentialing Legal claim: LLHC violated the EMPTALA law. The likelihood providers will prevail against claimants: “It depends” LLHC physicians will have a difficult defense in this case because
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not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care (FindLaw 2012). These damages can be actual costs such as medical expenses and lost income or intangible costs such as pain and suffering or loss of companionship.
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Nowadays‚ the public is aware of legal issues and organized information is available through the internet. As a result‚ medical litigation claims have been rapidly increasing. Most claims against nurses are due to medical negligence (Tay‚ 2001). I am liable for my own practice‚ and if I fail to act as a reasonable prudent person in certain conditions‚ I may be liable for medical negligence (Chitty & Black‚ 2011). Research shows several errors leading to nursing negligence. For instance‚ a nurse
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California’s health department should keep the cap on medical malpractice damages at 250‚000 dollars. Specific purpose: At the end of my speech‚ my audience will raise awareness‚ write a letter to the local representative. Introduction I. Open with Impact: The negligent act by a health care provider‚ in which it causes the patient harm in any way is called medical malpractice. II. Central Idea: Lawyers are trying to push the reform of raising the medical mal practice cap from 250‚000 dollars to 1.1million
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com/programs--benefits/important-things-to-know/payment-expectations.aspx. New Horizons Un-Limited Inc. (2011‚ September 30). Government Financial Assistance Programs. Retrieved from http://www.new-horizons.org/carfgv.html. Texas Department of Insurance. (2012‚ January 24). The Medical Liability Insurance Shopping Guide. Retrieved from http://www.tdi.texas.gov/commercial/pcmedmal.html. USA.gov. (2012‚ October 23). Health Insurance. Retrieved from http://www.usa.gov/Citizen/Topics/Health/HealthInsurance.shtml. Wall‚ J. (2010‚ October
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