Negligence Wrongful Death Suit

Negligence is the failure to do something. Many medical cases are filed as medical malpractice suits, “medical malpractice is professional misconduct. Malpractice differs from negligence because it is performed by a license medical professional” (Flight 2). The case of Horton V. Niagara Falls Memorial Medical Center can be used as a primary example where negligence, “failure to take reasonable precautions to protect others from the risk of harm” (Flight 33), is visible.

The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife’s estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Amazon.com Inc., Toys “R” Us, and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in-ground swimming pool slide imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support.

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).

Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case

Negligence is when somebody has a duty of care and that duty is breached. Negligence is split into 3 parts.

Hospitals are one of the many organizations that must comply with regulations to keep patients and staff safe and as well as maintain the quality of care. Ideally, a good care system for patients includes medical professionals as well as friends and family to compliment each other in providing for patient needs. Because patients require care from medical professions in hospitals, there are provisions that the hospital must follow.

Findings from a 2012 Study of Medical Negligence Claiming in Scotland revealed that patient support and advice groups find that when a complaint is made to the NHS in relation to a medical injury a defensive attitude tends to be adopted in response to such complaints. According to Professor Sir Ian Kennedy, Chairman of the Independent Parliamentary Standards Authority, this defensive attitude is what leads to claims being raised against the NHS. He stated that the current clinical negligence regime is what prompts defensiveness within the NHS and that this problem will persist as long as the fear of litigation and stigma of settlement remains. In the literature reviewed there seems to be a general consensus that the requirement for the claimant

In other words, carelessness or unintentionally commissioned act that a reasonable person would do under the same circumstances. For instance, a patient goes to the emergency room with chest pain, but the doctor fails to diagnose the condition and sends the patient home. As a result, the patient later suffers a massive heart attack. In this example, the doctor did not intent to cause harm, however, he or she did fail to exercise a reasonable level of care to properly make a correct diagnose. Furthermore, it would be very difficult to prove the doctor acted negligently, but injury and cause can be proven in this case. Malpractice and negligence fall under the same umbrella, which makes it synonymous and difficult to comprehend; accordingly, many lawsuits are filed to encompass both

Nothing can prepare a family for an unexpected death. The toll it takes has devastating emotional consequences. To make matters worse, there are practical problems that often arise. The deceased may have incurred large medical bills before they died. The death requires a burial which can cost the surviving family members more than expected. Also, if the deceased provided income for the family, the struggle to keep their lives going can be almost impossible. When the death was caused by an act of negligence, there are terms for the surviving family members to bring forward a wrongful death claim.

When an adult dies in the state of Washington, and those that loved that adult believe that someone else's actions were responsible for that person's death, a wrongful death suit may be considered. However, your ability in the state of Washington to file a wrongful death claim in the event that a loved one passes away depending upon your relationship to the deceased. Here is a quick guide to whom can file a wrongful death lawsuit when an adult dies in the state of Washington. Remember though, this is just a guide and you should always consult with a qualified wrongful death attorney if you have suspensions about a loved ones death.

A wrongful death case can be brought after someone has died as a result of another party's negligence or recklessness. Wrongful death law is a complex legal area, and one to which lawyer Kathleen Kentish Lucero of The Law Offices of Kathleen Kentish Lucero has devoted her practice. Based in Hilo and serving clients throughout Hawaii, Attorney Lucero offers representation in wrongful death, divorce and family law matters, DUI defense, and more. Plaintiffs in wrongful death cases often have a lot of questions, and Attorney Lucero sets out to answer a few of the most important ones here.

Until one is faced with the realities of filing a wrongful death claim, it is not something that is usually "top of mind". If you are facing the loss of a loved one and considering this type of legal action, there are some very important questions that must be answered before you move forward.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

The role of patients in improving patient safety is another important topic being discussed in the healthcare industry. Gibson (2007) stated patients have three roles in improving patient safety. According to Gibson (2007), in order for health facilities to improve patient safety, patients need to report all safety concerns to health providers so they can be addressed along with the other concerns conveyed by doctors, pharmacists, nurses, and others. Secondly, patients and family members are encouraged to ask questions and listen to physician orders once he or she makes their rounds. Since documentation is vital in the healthcare industry, all medical records, orders, and notes are entered on laptops in each patient room. Once a physician has

The movie, “Patch Adams,” is a comedy that illustrates the true store of Hunter Patch Adams. The film is very entertaining and enjoyable to watch; also, the movie brings to life daily healthcare issues. A healthcare issue dementated by the movie featured the many possible safety risks patients had to endure, while receiving treatment at the Medical school’s hospital. A healthcare facility is a place that should promote the well-being of patients by providing clean and safe conditions for recovery. Patient safety problems include: no hand washing, no identification for patients who are at risk of falling, and patients without insurance are forced to leave without treatment. Expectations must be implemented to improve the safety of patients; therefore, processes must be updated enhance patients’ quality of care.