Wrongful Death Lawsuit Sonja S. Kennedy MHA 622 (NDB 1435A): Health Care Ethics and Law Instructor: Jared Rutlege September 15, 2014 Abstract: The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242). Why Did Things Go Wrong In a healthcare organization, “professional nursing is
Defendant Dr. Turk was performing gall bladder surgery on a patient, he became frustrated because the surgery was not going as planned. The plaintiff Snyder, a nurse was helping Turk in the operating room, she made some mistakes which included handing the wrong size surgical instrument to Turk. The defendant became angry because Snyder was making the procedure more complicated. The defendant grabbed Snyder by the shoulder and moved her closer to the surgical opening on the patient. There were other medical students and colleagues in the operating room witnessing this. Snyder wanted to leave but there was no one to cover her, so she had to finish the surgery with the
This case involves a physician, Dr. Burditt, who had disregarded the Emergency Medical Treatment and Active Labor Act (EMTALA). This act was implemented to prevent “Medicare-participating hospital from “dumping” patients out of the emergency room” (Pozgar, 2016, p. 245). In this case, Dr. Burditt had had examined the patient and made the decision to transfer her to another hospital that was located quite a distance away. When the patient was evaluated, it was noted that she had “dangerously high blood pressure (210/130) and was in active labor with ruptured membranes” (Pozgar, 2016, p. 245). Dr. Burditt should have continued to treat this patient because of her symptoms, which could have resulted in the death
The plaintiff Yolanda Pinnelas has evidence of a documented necrotic tissue injury that resulted from a Mitomycin infiltration that was not appropriately monitored on the night in question. There is no documentation that would support adequate monitoring up to the point of the infiltration. However, there is evidence proving that there was a nursing staff shortage on a unit with a high census of sick patients. The defense could claim that Jeffery Chambers did not have adequate rest and his fatigue contributed to the inadequate monitoring of Yolanda Pinnelas. I major defense for the plaintiff is if it is not charted it did not happen. The documentation in this case study does not paint a clear picture of events that took place and leave
The issue is whether the defendant National Institute of Health (NIH) placed the patient JoAnn Goodman in jeopardy while undergoing an experimental isolated liver perfusion ILP surgery to save her life. After the ILP procedure she was prescribed a pain medication called Melphalan which caused a negative reaction. Could this medication and the ILP surgery have compromised JoAnn Goodman’s’ health to quickly decline and eventually expire due to the negligence care of her physician could this condition constitute battery in the wrongful death of Mr. Goodman’s’ wife?
The facts of this case are that Dr. Guiles who is self-conscious of his prostate cancer diagnosis is treated horrendously when he finally decides to have surgery ( Buchbinder, Shanks & Buchbinder, 2014). Considering that Dr. Guiles is already sensitive about his condition, his unbearable symptoms are not helping matters (Buchbinder et al, 2014). Upon arrival at the hospital, he is treated subpar. The admitting clerk is rude and unbecoming to a patient who isn’t feeling well and who is embarrassed about his sickness (Buchbinder et al., 2014). To make matters worse, he has to find his own way up to the floor by walking, which causes him to be even later in checking in because of the need to stop frequently to urinate as well as having difficulty in walking (Buchbinder et al., 2014). Once he arrives on the floor, the charge nurse is not welcoming and unprofessional (Buchbinder et al., 2014). After figuring out what to do with the paperwork; and the nurse aide delivers Dr. Guiles to his room, the nurse aide does not offer to help settle him in (Buchbinder et al., 2014). Therefore, Dr. Guiles is faced with battling obnoxious family members who are on his bed and to make matters worse someone is in the bathroom which doesn’t help his need of having to frequently urinate (Buchbinder et al., 2014). When the issues are brought up to the charge nurse, the charge nurse accuses Dr. Guiles of wanting preferential treatment
One legal issue I can recall is a sentinel event that happens to a 46-year-old male. Even looking back on that day I still can’t believe the events that led up to his untimely death. The patient was supposed to go home the previous day but was transferred to the unit for shortness of breath and dehydration. The team order for the patient to be given 1 litter of 0.9 NS bolus and continue fluid 0.9 NS at a rate of 125ml/hr. The patient was alert and talking on the bi-pap machine. An hour later the patient was wheezing still alert and talking. I approach the Dr. H and ask if we could stop the fluids because the patient was wheezing, I don’t believe he is dehydrated. Although I voiced my concern I was brushed off and the physician who continue to text on his phone. As the morning went on the patient had a call from his daughter, I explain that he was ok and on the bi-pap and could not talk because of the mask and covey to the patient she
A elderly patient by the name of Mr. Nathan was hospitalized for Prostatic surgery. He woke up in the middle of the night and tried to leave. A registered nurse approached him and tried to hold him down. He pushed her into a wall and hit her in the face. As a result, she developed an concussion. There after, the unit clerk that was on duty called for security. Mr. Nathan tried escaping by running to the exit, but he was stopped by two orderlies and a security guard. During this time, Mr. Nathan was making accusations of false imprisonment. A doctor ordered restraining for him to be checked in an hour and ordered the patient to be sedated. Mr. Nathan was bruised in the struggle. In addition, the registered nurse was taken to the emergency room and couldn't go back to work for two weeks. Mr. Nathan said he will be suing the hospital for assault and false imprisonment.
This memo is sent in context of a lawsuit received from the lawyer of Patient ‘Y’ regarding retention of a surgical pack in the patient, due to which the patient has suffered. The lawyer has threatened to sue the hospital if the patient’s claim is proven.
The case involves negligence on behalf of the physician and nurse. The infant was given an injection of a drug that was administered through the wrong route. Dr. Stotler wrote an ambiguous order with resulted in the nurse giving the misinterpreted dosage of drug. The standard of care was breached because it is the duty of the nurse to ask the prescribing physician if they do not understand. The court found the physician, nurse, and hospital liable. Under vicarious liability, the hospital was responsible for the negligence of its agents, the nurse and doctor. The court stated that the nurse also was unfamiliar with the medication. Providers should always seek clarification if they are unacquainted with something. While it may seem to
When someone dies because of another party’s reckless or negligent behavior, the surviving family members may want to file a wrongful death lawsuit. Though no amount of money will bring a loved one back, damages can cover funeral costs, lost wages, and pain and suffering. The attorneys at Balderrama Law Firm LLC in Carlsbad, NM, take a compassionate approach to wrongful death litigation and assist clients with their suit every step of the way.
The legal ramifications of this case include medical malpractice from the nurse, physician, and the hospital, a wrongful death lawsuit, and possible revocation of licenses of the involved parties. Basing on the Components of Professional Negligence as stated on Table 5.3 by Marquis and Huston (2015), the nurse and the physician are both guilty of malpractice. The physician wasn’t able to provide the best care, failed at meeting the standards of care, disregarded the possibility of the patient bleeding out after numerous attempts by the primary caregiver to inform her of the abnormals, and the patient died as a result of failure to assess the patient on a timely manner. Assuming that the nurse followed the physician’s orders and documented all of her observations and the physician’s responses to every inquiry the nurse made, he or she should have notified the charge nurse of the situation and follow the hospital protocol regarding instances like this. According to the components, the nurse is guilty because her failure of not acting on the perceived threat to patient safety has resulted in demise. Although the learning exercise did not mention any other available employee that could’ve helped prevented this case, the charge nurse, nurse supervisor, or nurse administrators who have not physically provided care for the patient may also be included in malpractice claims as a result of lack of leadership (Cooper, 2016).
Hello Alistair, I disagree with you about the hospital followed legal protocol by contacting the patient’s husband. The patient was in her right mind, so it was the patient decision not the husband decision to make. If the patient was not conscious or in her right mind, then the hospital should have contacted the husband. What make you believe that Mrs. Dubruil was incompetent? Because I believe the patient was well informed and aware of the situation, so that made her able to make any decisions on whatever treatment she receive.
The patient had been admitted to the hospital by her physician who suspected that she was suffering from an exacerbation of COPD, but he intended to rule out a heart attack, pulmonary emboli and pleurisy. To do that, he brought in the respiratory therapist who drew blood from the patient’s left brachial artery after several attempted punctures. The patient said the respiratory therapist was negligent in drawing the blood and punctured and/or damaged the nerves her wrists during the procedure and she screamed out in pain immediately at the time of both attempted punctures.
Joanna is an experienced nurse taking care of Mrs. Kelly, who was Joanna’s patient many times in the past for her primary problem which is COPD. This time Mrs. Kelly was admitted with complaints of abdominal pain what was different from her primary diagnoses. Her vital signs were with normal limits and no significant changes from privies results, but for the nurse she looks sick, and Joanna know that something is wrong. She calls the resident doctor, but he tell her to watches and calls back with series changes. Joanna multiple attempts to report that something needs to be done to evaluate the cause of Mrs. Kelly pain was ask to calm down. However nobody took patient symptoms series and the next day patient died.
This case involves medical malpractice that caused Mrs. Smoltz her life. When analyzing this case I noticed that there are several laws that were breached by the health professionals involved with this case. Failure to follow standards of practice for the nursing skill; was breached by Caroline Scott because she started a I.V in Mrs. Smoltz foot when the INS standards of practice states, “ Cannulation of lower extremities in adults should be avoided because of the increased risk of phlebitis” Scott admitted to knowing that was taking a risk however proceeded because she noticed Mrs. Smoltz’s condition worsening. Being that she knew that the I.V. should not have been started here and was not told by a physician to do so then Scott should be held accountable for her actions especially the pedal I.V. is the center of what led to Mrs. Smoltz’s death. There was also a breach when Scott violated the hospital policy because the hospital prohibits nurses from inserting I.V. lines in the feet and legs. If Scott felt that this was the best course of action she should have then expressed such to a physician so that he could insert the I.V. in such actions the hospital policy would not have been violated. The nurse practice act was breach when the nurses fail to document properly. INS standards of practice state “Documentation in the patient; medical record shall