...Medical Malpractice How is the Standard of Care in Medical Malpractice Applied in the State of Texas? Any medical professional who actively participates in the treatment and care of patients has an obligation and duty to adhere to a professionally established standard of care. When a professional fails to comply with the standard of care, the results can be devastating for the patient and the family. This can result in medical malpractice cases against the medical care provider(s). There is no medical definition for “standard of care” although the term is firmly established in law and is defined as “the caution that a reasonable person in similar circumstances would exercise in providing care to a patient” (The Dictionary.com, 2007). To the physicians, the “standard of care” is the diagnostic and treatment process that a doctor should practice for a given illness, patient, and set of circumstances. The term “standard of care” represents an essential component of an action in medical malpractice in proof that the doctor in question failed to provide the required standard of care under the circumstances (Sullivan, W., 2003). Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or departure in safety on the part of a health care provider that causes and/or results in harm to a patient. In law, medical malpractice is...
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...you, or had your right to practice restricted by any professional or medical osteopathic association or society or by any licensed hospital or medical staff of a hospital.” Dr. Fonn advised that he received the suspension from SFMC. He was suspended for thirty (30) days total. His suspension was taken in two (2) parts. The first two weeks of suspension were served in the first two weeks of January 2015. The second two weeks of suspension were served the last of April 2015 and first of May 2015.” Dr. Fonn does have current privileges at SFMC. I asked...
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...Ebony Stewart May 7, 2014 Estimating Health Care Associated Infections and Deaths in U.S Hospitals as Oppose to Medical Malpractice Epidemiology Introduction This study was conducted for two important reasons. Deaths in the United States as well as an estimation to provide information for the number of healthcare-associated infections (HAI) were the purpose. The data sources used were 1) National Nosocomial Infections Surveillance 2) National Hospital Discharge Survey and 3) American Hospital Association all of these sources were used by Centers for Disease Control and Prevention’s. HAI occur in many different healthcare settings: acute care within hospitals, same day surgery centers, long-term facilities, and ambulatory outpatient care in health care clinics. HAI has resulted from and adverse reaction to toxins and evidence of infection isn’t presented during time of admission to hospital. Surveillance has also been a research base for HAI. NNIS is an ongoing system that has collaborated with CDC to monitor data on HAI”S and other nosocomial infections. It covers intensive care units, high risk nursery, and surgical patients. A major goal of NNIS is to develop data to prevent and control nosocomial diseases. NHDS was designed to meet needs of patients from non-federal hospitals that stayed only for a short period of time. The data collected from these surveys is collected to examine the importance of public health. The survey is conducted in three difference...
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...Case Study: Delia v. E.M.A. et al Xxxxxx X. Xxxxxxxx University of Maryland University College HCAD 650 Fall 2012 October 5, 2013 Case Study: Delia v. E.M.A. et al This paper reviews a case study of a medical malpractice suit that resulted in a claim against the North Carolina Department of Health and Human Services for their practice of recovering settlements paid for medical expenses. Legal controversies with medical impact rarely reach the United States Supreme Court because such cases must go through several levels of hearings and appeals before even being considered by the Supreme Court. Medical issues must involve interpretation of the US Constitution or federal law, and at least four of the nine justices must agree to accept a case. The Supreme Court reviews only a small percentage of the several thousand cases submitted each year. Consequently, most medical controversies at law take place in state courts. Subject United States Supreme Court Case No. 12-98. Albert A. Delia, Secretary, North Carolina Department of Health and Human Services v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. Later the case was changed to: No. 12-98. Aldona Wos, Secretary, North Carolina Department of Health and Human Services, Petitioner v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. The purpose of the case was to resolve the conflict between the opinions of the 4th U. S. Court of Appeals in this case...
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...J. C. Childs v. Weis case 2 After further review: After further review and comparison of the Case “Childs v. Weis,” I stand by my first evaluation with some additions. This time I added that Dr. Weis had never seen or affiliated with Childs directly. This added to his clearance of the malpractice charges and liability. I also mentioned another rule of law important to this case; regarding the responsibility of physicians to emergency room patients. Issue: In the case “Childs v. Weis” the Plaintiff, J. C. Childs, presents the question “Can a physician who does not undertake to treat a patient be liable for malpractice?” Also, does a physician have to treat all the patents in the emergency room? In court, the plaintiff sought recovery or compensation of damages for Daisy Childs’ (his wife’s) personal injuries and for the death of their child, Wendy Elaine...
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...Reimbursement and Risk Management Article Summary Outline A. Summary 1. Introduction 2. Studies B. Personal Reaction 1. What I learned 2. What I think C. Application in classroom setting 1. The HIPPA Act 2. Ethics as the core A Risk management gives rise to various policies, which focus on making patients and clients secure since they can access care in diverse hospitals. Indeed, the exposure of patients to various risks during the treatment process affects their livelihood. The article indicates that most patients and legal representatives are not genuine since they sue the health care providers to their own advantage. Consequently, physicians acknowledge issues, which are not to be reimbursed. Apparently, attitudes focusing on revenge by patients create a croaky affiliation amidst the facilities, lawyers and patients. Attributable to the friction, medical lawsuits have become expensive. Studies equally exemplify that the patients ultimately become the beneficiaries of the lawsuits. The patients, being the determinants of the claim, necessitate the utilization of funds as compensation. An additional issue pertains to reduced government involvement in the damages yet its judges play a major role in making decisions. During litigation process, more time is spent. It equally emerges that court judgments register the premier amount of recompense in comparison to cases settled locally. As evident in these...
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...Foundation survey found that only about 5% of physicians considered medical errors as a primary healthcare concern.[1] Congress, however, did not share the physicians’ nonchalant attitude and gave the Agency for Healthcare Research and Quality (AHRQ) an estimated $50 million towards minimizing medical errors.[2] Senator James Jeffords (R-VT) of the 107th Congress introduced the Patient Safety and Quality Improvement Act (S.2590) to the Senate on June 4, 2002[3] attempting to improve the safety of patients and “…reduce the incidence of events that adversely effect patient safety.”[4] In 2003, President Bush signed into law the Medicare Prescription Drug Improvement and Modernization Act (P.L 108-173).[5] A section of this law authorized AHRQ to research effectiveness in treatments in order to set a guideline to improve the quality of care.[6] John Eisenberg helped build this program that generates summaries that can help provide health care providers with evidence-based practices that help improve quality of care delivered.[7] Realizing the importance of this research to quality of care, the president signed the Under the American Recovery and Reinvestment Act of 2009 (H.R. 1) into law on February 17, 2009, providing additional funding to continue effective research.[8] This helps to demonstrate the IOM’s report effectively indicated to Congress that legislation revamping was needed in order to help not only reduce medical errors and improve overall health care quality, but also the...
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...Background Norway is a Nordic country in northern Europe with a population of 4.6 million (similar to South Carolina, Alabama, or the city of Philadelphia), a landmass of 324,220 km2 (about the size of New Mexico), and a population density of 13 people/km2 (ranks 213 out of 244 countries). Norway’s Gross National Product (GNP) per capita is $51,810 (rank #2, US with $41,440 ranks #4) and a GNP per capita based on global purchasing power parity (PPP) is $38,680 which ranks it third behind Luxembourg and the US (at $61,610 and $39,820 respectively)1. Using any number of measures Norway ranks as one of the richest countries in the world. Another factor is the amount of income that the oil industry generates for the government, which is not directly reflected in the above numbers. Norway is the world’s third largest exporter of oil (behind Saudi Arabia and Russia), the bulk of which is funneled back into the government. Norway’s unemployment rate is 2.8% which ranks it 5th lowest in the world (behind Qatar, Thailand, Singapore, and Vietnam)2, while the US unemployment rate is 9.1% (near the top of the major economic countries of the world. In 2001, the proportion of the population with a university education, among 30 to 39-year-olds, was 29% for men and 36% for women. In all, 57% of the population over the age of 16 had completed secondary education. In total, therefore, the enrolment level in secondary and tertiary education amounts to more than two-thirds of Norwegians...
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...Risk Management Assessment Summary Risk Management Assessment Summary In a health care organization, tt is very important to advertise and design a secure and successful patient care practices; the conservation of financial resources as well as to sustain a safe working environment, these are crucial to the upholding of the organization. Hospitals and health care organizations today face a long list of risk factors. These risk factors can shape the success or failure of the organization, including: Competitive responses from multiple hospitals and physician groups. Changes in rules and regulations from governement. Extremely small profit margins. Community relations as expressed through zoning and permitting resistance. State of the bond market and the cost of borrowing. Fund raising success and also generating community support. Some dependence on key physicians, admitting preferences, and medical personell ages. High fixed cost structure Advancements in medical technology and a bit of subsequent influence on admissions and pattient lengths of stay. Morristown Hamblem Healthcare System The Morristown Hamblen Healthcare System is a locally owened hospital located in Morritown Tennessee, United States. Morristown Hamblen Healthcare System, located in Morristown, Tennessee, is a for profit multispecialty academic hospital that integrates both a clinical and also a hospital care with research and education (MHHS, 2011). Morristown Hamblen...
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...Level 5 Diploma in Primary Care and Health Management 4419-601 Managing Medical Ethics and Legal Requirements in a Primary Care and Health Environment TABLE OF CONTENTS TASK | PAGE | Task 1Managing medical ethics is a fundamental part of a Manager’s role. It is the responsibility of the Manager to understand the guiding principles of medical ethics and apply them within the organisation | | a) Reflect on the journey of medical ethics and interpret how the principles of the Hippocratic Oath are applied within your organisation………………………………….………… | 4 | b) Examine your workplace with reference to its compliance with the legal and ethical requirements of holding, using and accessing data………………………………………….………. | 6 | c) Evaluate your role as a manager in ensuring compliance with the principles of medico-legal ethics in relation to duty of care ………………………………………………………… | 8 | d) Regulatory bodies are used as a means of support in the event of fraud and malpractice. Analyse the route or course of action you would follow if you were to identify evidence of potential fraud or malpractice within your organisation…………… | 9 | Task 2There are a variety of medico-legal requirements affecting healthcare organisations and the Manager is required to understand how these requirements impact not only on the medical profession but on the organisation as a whole. | | a) Review relevant medico-legal requirements relating to consent and capacity, affecting...
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...ASSESSING IMPACT OF DRUG THEFT IN THE HEALTH CARE SERVICE: A CASE OF BLANTYRE CHAPTER ONE 1.1 INTRODUCTION Different authors have defined drug theft differently depending on the context in which they are discussing. Drug theft could be summarized as: “The act of stealing drugs and selling them or using them for other benefits instead of the core purpose of helping the needy (poor) Malawians.” Recently, there have been a lot of cases of drugs stolen from public hospitals in Malawi and other neighboring countries which are either sold in Malawi or outside the country. Some of the drugs are being sold in Tanzania, Mozambique or even overseas. Of late, it has been noted that the county referral hospitals, health centers and dispensaries are the worst hit. Additionally, there are some unscrupulous medical workers in our country who are smuggling drugs from public hospitals to Tanzania through the boarders. In Summary, Once sold, the drugs are then stocked in private clinics. They are mainly sold in Tarime District of Mara Province across the border in Tanzania. Medicines leave the stores as soon as they arrive. Drugs stolen from public hospitals in our country are now finding their way into Tanzania. Unscrupulous medical workers are smuggling the drugs through the border point before selling them to Tanzanian traders. Once sold, the drugs, according to Nation investigations, are then stocked in private clinics, in Tarime District of Mara Province across the border in Tanzania. The...
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...cannot be held liable for patients who fail to be compliant with their discharge instructions. III. Facts 1. In order to prove negligence or medical malpractice, the plaintiff must prove the: A. The requisite standard of care. B. A deviation from the standard of care C. A causal connection between the deviation and the claimed injury. 2. The hospitals rules, regulations, and policies do not establish a standard of care. However, a hospital’s failure to follow its own rules, regulations, and policies is evidence of negligence. 3. Discharge instructions can be construed to be part of a hospital’s rules, regulations and policies. 4. Unclear, or ambiguous discharge instructions can place the hospital at risk for increased liability for negligence if a casual connection can be made to a patient’s injury. Therefore, to protect itself, hospitals should be proactive in establishing clear discharge protocols and individualized discharge instructions. IV. Review of the Law In the case of Earline Therry, et al v. State of Louisiana, through the Department of Health and Hospitals and University Medical Center of Lafayette, Louisiana, a summary judgment was granted for the defendants based upon the plaintiff’s inability to establish a causal connection between a breach of the standard of care and any resultant injuries. In this case, Mrs. Therry accused the Defendants of negligence for allowing her to develop digitalis toxicity due to a one-day delay in returning to the...
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...25 27 27 33 Chapter 1 Duty 1.10 Duty 1.20 Misfeasance and Nonfeasance [1] Special Applications of the Misfeasance Rule [a] Negligent Entrustment of Chattel [b] “Negligent Entrustment” and Alcohol [c] Spoliation of Evidence Chapter 2 Duty Despite Nonfeasance: The Special Relationship Exceptions 2.10 Duty Despite Nonfeasance 2.20 Duty Because of a Special Relationship between the Plaintiff and the Defendant 2.30 Duty to Control Another for the Benefit of the Plaintiff Chapter 3 No Duty Despite Misfeasance: Negligent Infliction of Emotional Distress and Negligent Infliction of Pure Economic Harm 3.10 No Duty Despite Misfeasance 3.20 Negligent Infliction of Emotional Distress [1] The Early Cases [2] Johnson v. Ruark Obstetrics and Its Progeny [3] Pre-Impact Fear of Dying [4] Fear of Contracting Medical Condition 3.30 Negligent Infliction of Pure...
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...PROFESSIONAL LIABILITY FOR PARAMEDICS (EMS) ANTHONY L. PETERKIN DEVRY COLLEGE INTRODUCTION: “What ever can go wrong, will go wrong.” This application paper provides a summary of Professional Liability for a Paramedic and EMS personnel in general. We forget (omissions) to perform a needed task or skill and we make mistakes or professional errors for whatever reason when performing our duty in the name of doing no harm. The incident (the liable act) may be minor and reversible; on the other hand it might just be hell’s payday with lawsuits and court dates. A professional liability can cause severe injury to a patient, both patient and care provider and might also include a civilian or two in the mix. Professional Liability can lead to work dismissal, revoking an employee’s license and even paying large sums of money as a result. As a healthcare professional one must make it their personal duty to always perform at their highest level of alertness as possible. Everyone faces many unbearable and stressful personal problems through life, however if your life’s problems are affecting the way you work to the point you can’t perform effectively and efficiently as needed, then one must make up their mind to step back and personally assess themselves. Companies must keep a watchful eye on their employees and their behavior towards their duties and level of performance. Companies must find effective ways to mitigate situations that might lead to Professional Liabilities. What...
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...accurately reflect the quality of patient care, prove healthcare services, and make accurate reports of diagnosis and procedures (Cassano, 2014). A Clinical Documentation Specialist (CDS) is a registered nurse who manages, assesses, and reviews a patient’s medical records to ensure that all the information documented reflects the patient’s severity of illness, risk of mortality, clinical treatment, and the accuracy of documentation. Part of the role is to perform concurrent reviews of medical records, validate diagnosis codes, identify missing diagnosis, and query physicians and other healthcare providers for more specifics so documentation accurately reflects the patient’s severity of illness (Cassano, 2014). Health Information Management (HIM) professionals advocate for a strong commitment to accurate and timely clinical documentation as hospital initiatives push forward with programs such as ICD-10-CM/PCS implementation, Accountable Care Organizations reimbursement models, Fraud and Abuse compliance programs, and implementation of electronic health records (EHRs) (AMIHA, 2010). HIM professionals also impact CDI programs by providing education regarding compliant documentation to physicians, something that is not taught in medical school. Successful CDI programs facilitate the accurate representation of a patient’s clinical status that translates into coded data. Coded data is then translated into quality report cards, physician report cards, reimbursement, public health...
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