The Snow Storm Lawsuit

In: Other Topics

Submitted By osfan51
Words 1023
Pages 5
The Snow Storm Lawsuit

Candice Kessler

Health Care Policy, Law and Ethics

Strayer University

April 29, 2012

As the chief executive officer of this non-profit community hospital, I would have to consider the legal, ethical and professional aspects of this case.
The first legal consideration is duty of responsibility. In a healthcare organization, management functions begin with the senior administration. This includes the chief executive officer. The responsibilities of senior administration include the following duties: support the governing board in its strategic planning and policymaking activities, carry out the board’s policies and strategic goals, communicate board policies and the strategic plan to employees and the medical staff, oversee day-to-day hospital operations, measure the quality of patient care, manage operating funds, select qualified junior executives, and conduct necessary business transactions. Management must report regularly to the governing board on the status of all of these activities (Showalter, 2008). In this case, it could be suggested that I, as CEO, neglected to adequately oversee day-to-day hospital operations which led to the staffing issues. It should also be asked if I reported the issue to the governing board.
The second legal consideration is negligence. A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious liability, and is based on the principle of respondeat superior – let the superior respond for the negligence of agents or employees. Thus, physicians and other providers are responsible for the negligent acts of their nurses, paramedics, x-ray technicians, and other persons in their employ (Showalter, 2008).
The third legal consideration is the doctrine of res ipsa loquitor (“the thing…...

Similar Documents

Local Lawsuit

...Local Lawsuit Trimmer Harris Dr. Teddilane Turner Business Law 100 July 29, 2012 Introduction Tyson Food Incorporation is one of the world’s largest processor and marketers of chicken, beef and pork, the second largest food production company in the Fortune 500 and a member of the S &P 500, has been found in violation of the Fair Standard Act. Tyson produces a wide variety of protein based and prepared food products and is the recognized market leader in the retail and food service market it serves. Tyson provides products and services to customers through out the United States and more than 90 countries. The company has approximately 1150 team members employed at more than 400 facilities and offices in the United States and around the world (Tyson Foods.com). In a local lawsuit I will summarize the actions that lead to the lawsuit. Discuss what management could have done to prevent the events that lead to the lawsuit and the ethical consideration reflected in the law applicable to this case. Determine which source of law would be most relevant in this case and how management could have leverage knowledge of the sources to prevent similar instance in the future. Finally recommend what management might be able to do to pursue alternate resolutions outside of court. Summarize the actions that lead to the lawsuit. Owning a business almost guarantee that you will be in civic court at some point. You may be forced to file a business lawsuit against a customer...

Words: 1098 - Pages: 5

Eeoc Lawsuit

...EEOC Sues Red Lobster for Sexual Harassment Geana Gordon SOC 315 / Cultural Diversity October 7, 2013 Julie Hu A description of the compliance that led to the lawsuit The compliance that led to this lawsuit is alleging that a culinary manager at a Red Lobster Restaurant in Baltimore sexually harassed several female employees over a long period of time. Through his sexually offensive comments about these female employee’s bodies and physical actions of pressing himself against these ladies at opportune times; this was brought to the attention of the general manager and he failed to act on behalf of the female employees also. It was later found that this manager has a history of having made sexually charged comments towards female employees himself. This has put these employees’s into a sexually hostile workplace, which is against the law. The Equal Employment Opportunity Commission was alerted to the situation and has taken action. A brief Summary of the function of the EEOC United States Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination” (EEOC, 2013). This discrimination includes several different situations as in a job applicant or a current employer from being discriminated against because of the color of their skin, their religious faith, disabilities, and genetic information. If a female is pregnant this can not be held against her either. The types of situations that the laws cover are hiring...

Words: 1084 - Pages: 5

Pooler Lawsuit

...LAWSUIT AT MCDONALDS COREY L. BROOKS INSTRUCTOR GEORGE WEIMER BUSINESS LAW 100 STRAYER UNIVERSITY 28 APRIL 2012 Summarize the actions that lead to the lawsuit There were two women found unconscious on the bathroom floor of the McDonalds’ in Pooler GA. Nine others were complaining about feeling sick and nauseous with excessive breathing. Inside the McDonalds a carbon dioxide leak sent 10 people to the hospital. An investigation revealed that a line used to funnel off excessive carbon dioxide into the outdoors became disconnected. This allowed carbon dioxide stored in tanks in the backroom to flow into the wall of the women’s bathroom. A line used to funnel excess carbon dioxide out of the restaurant got disconnected. The gas, which is kept in tanks in a back room of the McDonald’s, was flowing into the wall next to the women’s bathroom instead of going outside. Since the incident a lawsuit was filed against the owners of the Pooler McDonalds’. In a lawsuit filed Carol Barry and her husband, William Barry, filed the suit in the State Court of Chatham County. The lawsuit stated that the owners were aware of similar incidents at other McDonald's, but failed to properly maintain the line funneling the carbon dioxide from the fast food restaurant. In the lawsuit it says the couple was traveling from New York to Jacksonville when they stopped at the Pooler McDonald's to get a beverage and use the restroom. In accordance with...

Words: 1365 - Pages: 6

Storm

...This is very tragic an serious This is very tragic an serious Tacloban, Philippines (CNN) -- As the Philippines faced a long, grim path to recovery in the wake of Typhoon Haiyan, the storm plowed into northeastern Vietnam early Monday, packing powerful winds and forcing hundreds of thousands to evacuate. I wonder what they done with the body’s I wonder what they done with the body’s Philippine authorities warned that the typhoon may have killed thousands there, leaving behind a trail of devastation on a scale they'd never seen before. It still doesn’t say were the bodies are, and I wonder if they took care of all the patients It still doesn’t say were the bodies are, and I wonder if they took care of all the patients No electricity. No food. No water. Houses and buildings leveled. Bodies scattered on the streets. Hospitals overrun with patients. Medical supplies running out. And a death toll that could soar. That means more than 1,200 people died That means more than 1,200 people died The Philippine Red Cross estimates that at least 1,200 people were killed by the storm, but that number could grow as officials make their way to remote areas made nearly inaccessible by Haiyan. According to them 10,000 how can Red Cross have more than 1 estimate According to them 10,000 how can Red Cross have more than 1 estimate Others put the toll much higher: The International Committee of the Red Cross said it's realistic to estimate that 10,000 people may have died...

Words: 1407 - Pages: 6

Snow Leopard

...I. The snow leopard’s natural habitat is in mountain ranges across 12 Central Asian countries. Some of these countries include Afghanistan, China, India, and Mongolia. Snow leopards are large cats and are classified as Panthera Uncia or Uncia uncia. II. Once snow leopards are pregnant their babies stay in the womb around 100 days and the liter sizes range from 1 to 5 cubs. Snow Leopards first leave the den around 3 months of age, become fully independent around 2 years of age and can reproduce around 3 years of age. Snow leopards usually live between 15 and 20 years. III. The respiratory system of snow leopards relies on the diaphragm to expand and oxygen is rushed in, then contract to push out what is remaining (mainly carbon dioxide). A unique characteristic about the snow leopard is its thick white fur. This fur helps the snow leopard hunt and keeps it warm during harsh winters. IV. It is believed that snow leopards, tigers, jaguars, leopards and lions belong to the Panthera class and all were similar evolving around the same time; however the snow leopards and tigers are may closer related to each other, while leopards, lions, and jaguars are closer to each other. V. Something that is very interesting about the snow leopard is that unlike most big cats, the snow leopard cannot roar. VI. References Matt W. Hayward, Michael Somers, Reintroduction of Top-Order Predators, 1st edition chapter 8, 2009 Blackwell Publishing retrieved from......

Words: 283 - Pages: 2

Ambac Lawsuit

...E-mails Suggest Bear Stearns Cheated Clients Out of Billions By Teri Buhl Jan 25 2011, 1:01 AM ET Lawsuit alleges the bank took extreme measures to defraud investors, and now JPMorgan may be on the hook Former Bear Stearns mortgage executives who now run mortgage divisions of Goldman Sachs, Bank of America, and Ally Financial have been accused of cheating and defrauding investors through the mortgage securities they created and sold while at Bear. According to e-mails and internal audits, JPMorgan had known about this fraud since the spring of 2008, but hid it from the public eye through legal maneuvering. Last week a lawsuit filed in 2008 by mortgage insurer Ambac Assurance Corp against Bear Stearns and JPMorgan was unsealed. The lawsuit's supporting e-mails, going back as far as 2005, highlight Bear traders telling their superiors they were selling investors like Ambac a "sack of shit." They were selling investors like Ambac a "sack of shit." News of internal whistleblowers coming forward from Bear's mortgage servicing division, EMC, was first reported by The Atlantic in May of last year. Ex-EMC analysts admitted they were sometimes told to falsify loan-level performance data provided to the ratings agencies who blessed Bear's billion-dollar deals. But according to depositions and documents in the Ambac lawsuit, Bear's misdeeds went even deeper. They say senior traders under Tom Marano, who was a Senior Managing Director and Global Head of Mortgages for Bear...

Words: 2490 - Pages: 10

The Snow Storm Lawsuit

...Who was martin Luther King By bonnie bader Illustrated by Elizabeth wolf Growing up in the south was not easy for martin Luther king jr. he was born in 1929 when where black people treated differently from white people. Martin his and his dad’s name was Michael. When he was five his dad changed their names to martin. Martin gets a job in tow churches in Massachusetts and New York he wanted to become the minister. He got a letter from Dexter Avenue Baptist church which had no minister. He started his job as a pastor. There were 2 black students going to ride a bus to Washington D.C they were waiting on the white only spot and when they were about to go on the bus the tires got shot and a bomb went in the bus through the window and the kids ran away as fast as they can martin Luther king Jr. made a speech he said he wish someday people will say one day people will judge the kids for who they are not for their skin color. Congress agreed that people should be treated the same on July 1964 president Johnson signed the civil right act. In 1964 martin was awarded the noble peace prize. On April 3rd martin was enjoying the fresh air and a gun shot rang out and martin Luther king Jr. was dead. James earl ray was arrested for killing martin Luther king Jr. he was sentenced to ninety-nine year in prison Coretta carried on the martin’s dream until her death in 2006. Forty years later martin is still remembered for what he did. Marsel Jameson...

Words: 279 - Pages: 2

Snow

... There once was a queen who named her only daughter Snow White because her skin was so fair and lovely. The queen died, and Snow White’s father married a new queen, who was evil, vain and wicked. Every morning she would stand in front of the mirror and say, “Mirror, mirror on the wall, who is the fairest one of all?” The mirror always answered, “You are majesty” until one day it said that Snow White was the fairest one of all. The evil queen ordered one of her servants to take Snow White to the forest to have her killed. The servant, feeling sorry for Snow white, let her go and brought back a deer heart to show the queen he had done the deed. Snow White takes refuge in the forest in the house of seven dwarfs to hide from her stepmother. The dwarfs grow to love their unexpected visitor, who cleans their house and cooks their meals. But one day while the dwarfs are at their diamond mine, the Queen arrives at the cottage disguised as an old peddler woman and persuades Snow White to bite into a poisoned apple. The dwarfs, warned by the forest animals, rush home to chase the witch away, but they are too late to save Snow White from the poisoned apple. They place her in a glass coffin in the woods and mourn for her. The Prince, who has fallen in love with Snow White, he bent down to give her a kiss. Snow White woke up and prince Charming married her and took her to his palace and lived happily ever after....

Words: 274 - Pages: 2

Snowstorm Lawsuit

...The Snow Storm Lawsuit Strayer University Identify and explain at least three legal considerations. The first legal consideration in this case is related to corporate liability. The hospital itself is negligent under this doctrine. Corporate negligence is the failure to provide the equipment, facilities, and staff to carry out the duties of the corporation in accordance with the established standard of conduct (Showalter, 2007). Corporate negligence is evident in this case in regard to the failure to ensure that sufficient healthcare personnel were available to provide the established standard of care to the patients in the facility. Moreover, the personnel that were required to remain at the hospital from the day shift were likely not performing at their peak after already working their own shift; which could result in errors in patient care. The nurse managers should have been proactive and had a plan in place in the event of severe weather such as forming a team of healthcare personnel who were willing to come to work at the beginning of the storm and stay until they could be relieved. This team should consist of a variety of personnel in sufficient numbers to allow for some personnel to rest while others work. Ultimately, it is the responsibility of the hospital to ensure proper personnel coverage regardless of the circumstances. Policies and procedures for handling this type of crisis must be in place and utilized as needed. The second legal consideration in...

Words: 2042 - Pages: 9

Snow Storm

...The Snow Storm Lawsuit Name : Ms. Nongluck Loahapoonrungsi Strayer University Health Services Policy, Law and Ethics HAS 515 Professor : Danita Hunter, DHA, PMP Date : 01/24/11 Scenario: You are the Chief Executive Officer at a small non-profit community hospital.  In January the area was hit by a large snow storm while you were vacationing in the Bahamas.  Many of the hospital staff who provided patient care called out from work on the 3-11 and 11-7 shifts.  Despite efforts from the nurse managers to get relief staff, only one nurse agreed to come in. As a result, the patient units were understaffed and health care personnel on day shift were required to remain on their assigned unit until they were relieved from duty.  During the course of this occurrence several patients sustained minor injuries from falls out of bed and one patient was given the incorrect medication, resulting in death. The nurse on duty left the hospital to buy dinner at the corner Wendy’s Restaurant. After one year, the families of these patients sued the hospital on behalf of their deceased relatives, and you are one of the parties mentioned in the suit.  The hospital refused liability, stating that: the patients who sustained a fall were awake, oriented and experienced no limitation in mobility; the patient who was given the incorrect medication died not from staff negligence, but from an unidentified allergic reaction to a food substance and had no history of allergies. 1...

Words: 1091 - Pages: 5

Pending Lawsuit

...Bank of America is one of the largest corporations in the nation; however they are hit with lawsuits almost every week. The lawsuits range from stockholders to customers. Most recent one being, a 50 billion lawsuits brought by Bank of America shareholders. When the market crashed (recession hit or financial crisis) in 2008, Bank of America acquired Merrill Lynch. The shareholders claim that the bank’s executives including former chief operating officer Kenneth Lewis failed to disclose a loss of $15.31 billion after the acquisition of Merrill Lynch. Shareholders believed that the loss was hidden to ensure they did not vote against the transaction. The bank disclosed the loss to the public after the acquisition of Merrill Lynch was completed. It stated in the article that the bank and its executives knew about the losses months after the Merrill Lynch deal closed. Whether the bank’s intentions were to deceive the shareholders or not, it was unethical. Bank of America argued that the loss was uncertain and the loss would expected by the shareholders since Merrill Lynch was losing billions quarterly. In its defense, Bank of America believes that the disclosure of the loss was not material. In my opinion, I do believe that it was wrong that Bank of America to hide the loss from shareholder and the public since they are a corporation. Nevertheless, it’s easy to sue big corporations such as Bank of America. Since they are hit with several lawsuits during the year, it’s......

Words: 343 - Pages: 2

The Snow Storm Lawsuit

...The Snow Storm Lawsuit Candice Kessler Health Care Policy, Law and Ethics Strayer University April 29, 2012 As the chief executive officer of this non-profit community hospital, I would have to consider the legal, ethical and professional aspects of this case. The first legal consideration is duty of responsibility. In a healthcare organization, management functions begin with the senior administration. This includes the chief executive officer. The responsibilities of senior administration include the following duties: support the governing board in its strategic planning and policymaking activities, carry out the board’s policies and strategic goals, communicate board policies and the strategic plan to employees and the medical staff, oversee day-to-day hospital operations, measure the quality of patient care, manage operating funds, select qualified junior executives, and conduct necessary business transactions. Management must report regularly to the governing board on the status of all of these activities (Showalter, 2008). In this case, it could be suggested that I, as CEO, neglected to adequately oversee day-to-day hospital operations which led to the staffing issues. It should also be asked if I reported the issue to the governing board. The second legal consideration is negligence. A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called...

Words: 1023 - Pages: 5

Snow Storm

...Introduction During the time of a severe snow storm the Chief Officer of a non-profit community hospital was out of the country on vacation. A majority of the staff could not make it in for their shifts. Patient units were understaffed and the day shift personnel were forced to work overtime. The nurse on duty left to get dinner. As a result, several injuries from falls out of beds and a death from wrongful medication occurred. There are multiple issues in question in this scenario. The objective of this paper is to identify the legal, ethical and professional considerations of the hospital. It will also further explain and summarize the effects on the business and reputation of the hospital in the future. Hospital personnel face several dilemmas, legal and/or ethical on a daily basis. A well-developed disaster plan would have been instrumental in dealing with internal and external issues in such a large snow storm. Regardless of the weather, the hospital is still required to provide adequate care to its patients. Failure to do so raises several legal questions. There are at least three legal matters to be considered. First there are the legal considerations of Liability and Staffing. Was the hospital adequately staffed to provide a sufficient standard of care? In corporate negligence, it is the hospital that owes a legal duty directly to the patient. (Showalter, 2007, p. 136) The premise of this law states that hospital is responsible for providing a staffed facility...

Words: 1103 - Pages: 5

Snow White

...Little Snow-White Jacob and Wilhelm Grimm Once upon a time in midwinter, when the snowflakes were falling like feathers from heaven, a queen sat sewing at her window, which had a frame of black ebony wood. As she sewed she looked up at the snow and pricked her finger with her needle. Three drops of blood fell into the snow. The red on the white looked so beautiful that she thought to herself, "If only I had a child as white as snow, as red as blood, and as black as the wood in this frame." Soon afterward she had a little daughter who was as white as snow, as red as blood, and as black as ebony wood, and therefore they called her Little Snow-White. And as soon as the child was born, the queen died. A year later the king took himself another wife. She was a beautiful woman, but she was proud and arrogant, and she could not stand it if anyone might surpass her in beauty. She had a magic mirror. Every morning she stood before it, looked at herself, and said: Mirror, mirror, on the wall, Who in this land is fairest of all? To this the mirror answered: You, my queen, are fairest of all. Then she was satisfied, for she knew that the mirror spoke the truth. Snow-White grew up and became ever more beautiful. When she was seven years old she was as beautiful as the light of day, even more beautiful than the queen herself. One day when the queen asked her mirror: Mirror, mirror, on the wall, Who in this land is fairest of all? It answered: You, my queen, are fair; it is true. But...

Words: 3006 - Pages: 13

Tylenol Lawsuit

...Johnson & Johnson Tylenol Lawsuit BUS670 – Legal Environment of Business 5-28-2012 Abstract There have been several lawsuits brought against Johnson & Johnson Company in the past years. There was a wrongful death case filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops. When we talk about a wrongful death case, someone’s life was taken resulting from the willful or negligent act of another person or persons. After this case was filed against Johnson & Johnson, the FDA started working with the company to address its systemic quality issues (Dooren, 2010). According to the Food and Drug Administration’s Principal Deputy Commissioner, over the last several years, they have had growing concerns about the quality of the company’s manufacturing process. Johnson & Johnson Tylenol Lawsuit There was a wrongful death lawsuit filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops and there was a recall of children’s Tylenol. The Food and Drug Administration (FDA) analyzed that the use of prescription and over-the-counter cough and cold medicines in children younger than 6 years of age had been tied to serious side effects, even death (Dooren, 2007). Cough and cold products are made by several manufacturers including a unit of Johnson & Johnson. Some cold products are marketed as “infant” drops. Most product labels...

Words: 1171 - Pages: 5