Introduction According to Attorney.com, Ohio malpractice law defines medical malpractice as when a medical professional, such as a doctor or a nurse, or a medical institution, such as a hospital, injures a patient during the course of a treatment. Furthermore, for this injury to be able to be considered medical malpractice, the doctor's actions must represent a breach, or violation, of the standard of care. A standard of care is defined as the generally accepted practices and procedures that all medical professionals in the area would administer for a patient suffering from a particular ailment. This standard of care varies depending on a number of factors, including the patient's general health as well as his or her age. According to the Ohio court of claims On June 28, 2006 Ms. Cynthia Adae was taken to the Clinton Memorial hospital with symptoms of shoulder pain with limited range of motion of her right upper extremity, a nonproductive cough and fever. After being evaluated in the emergency room Ms. Adae was admitted to the hospital under the care of Dr. Pesante and Dr. Bain according to Clinton Memorial Hospital records. A CT scan was taken of Ms. Adae chest on June 29. 2006 and was told it was normal and demonstrated no abnormality of the spinal region according to the hospital …show more content…
On October 24, 2013 the courts ruled in favor for Ms. Adae for medicine negligence as well as all of her medical expenses, and any monetary needs for her new home that will accommodate her medical needs until she passes away. The court order the University of Cincinnati to pay the sum of a total of 3,311,762.84 to be paid to Ms. Adae and her husband immediately for pain and suffering and lost
This case involves Mr. Horton, his wife, and his mother in law. While Mr. Horton was a patient at Niagara fall memorial medical center the nurses noted in his medical records that he was dizzy, confused and unable to focus. Horton was in a two story private room with a window
FACTS. Darling went to the emergency after he injured his leg during a football game. Dr. Alexander was the only physician in the emergency room that day and he had not treated a severe leg injury for 3 years. After an X-ray revealed that the tibia and fibula was broken the physician set the leg and applied a cast. Not to long after the placement of the cast, Darling complained of continuous pain. Dr. Alexander never called in a specialist. The patient was eventually transferred to another hospital, but eventually his leg was amputated. Darling sued Dr. Alexander and Charleston Community Memorial Hospital for negligence. Dr. Alexander settled out of court for $40,000. The courts ruled
The Department of Human Resources received a report on Ms. Sue Salter on 9/17/14 alleging Ms. Salter a paraplegic who is paralyzed on her left side was living in a home with no water, power, and had an inadequate caregiver. During investigation, utilities were reconnected and Hospice service provided. Hospice stated Ms. Salter was losing notable weight and found lying in urine during visits. Due to this, several bedsores increased and the doctor ordered a catheter and low air mattress. Ms. Harville, the caregiver was educated on wound care numerous times and demonstrated a working knowledge but choose not to administer wound care.
I believe that the hospital should take the blame for the damages and suffering that Kelly Niles endured. This decision reflects the quality of care that Niles received while he was at the hospital and also correlates to his physical status. The neurosurgeons stated that his status would have been better if they got to him sooner and were able to treat him in time, but due to the negligence throughout his whole treatment he is left with the ability to only move his eyes and neck. The fact that there was doubt that Kelly would survive the next few days after his surgery supports my decision that what the court ruled was reasonable and appropriate. Kelly “remained in a coma for 46 days before gradually regaining consciousness.” Kelly is totally disabled and his condition can’t ever be improved with medical attention or surgical treatments which furthers my final decision (“Niles v. City of San Rafael,”
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).
Dr. Abiera had reviewed a September 3, 2010 MRI of the cervical spine that revealed central protrusion/herniation at C3/C4, left paracentral protrusion/herniation at C7/T1, Disc bulges C4/C5, C5/C6 and C6/C7, left paracentral extrusion/herniation at T3/T4 and straightening of cervical lordosis. In addition, Dr. Abiera noted an August 11, 2010 x-ray of the cervical spine which revealed blastic lesions, incidental Clay Shovelers Fractures of C7 and an August 11, 2110 x-ray of the thoracic spine which was
The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.
GAO called Ms Maria Andrade. She stated that had a medical malpractice done by her Dr at the Salem Clinic. She stated filed a complaint but as a result the clinic terminated their services stating due to Ms Andrade bad behaviors.
He said the union was waiting to see what the results of the Fire Department's investigation would be.
According to Gabrielle’s doctors, while she was experiencing her hypoglycemic coma, “her blood sugar fell to a level at which her brain cells, particularly the gray cells of the cerebral cortex, began using their own proteins and lipids as fuel to avoid necrosis.” (McGuire) This resulted in permeant brain damage. At trial, Gabrielle was categorized as mentally retarded because of her brain injury. On October 7, 1996 the trial began. At trial the Hundley’s economist Dr. Oliver Wood presented his opinion on cost estimates of future damages based on a Life Care Plan. The Plan included a cost of $4,727,641 for institutionalized care for Gabrielle beginning at 21 years of age. After the verdicts were rendered, Jones and Rite Aid made post trial motions for a new trial.
Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)
Imagine yourself lying on an operating table, motionless, quiet. Above, you notice people standing over you. You try to speak but the words just cannot come out. Your arms feel as if they are plastered to the table. You begin to stand up but feel as if weights are strapped to your back and you are bound to the table. Suddenly you feel a sharp pain in your midsection. In and out, you see a surgeon slicing your body open with a scalpel. Every motion the masked person makes is as if you are being torn apart from the inside out. One would hope this would simply be a nightmare and they will wake up and everything will be fine. In this instance, this person will
One of the problems with malpractice is that sometimes we have a hard time recognizing it. We may not know what exactly constitutes medical malpractice, or what qualifies as medical malpractice. Even worse, we often don't know what our course of action should
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to
Imagine you are injured or sick and have sought a doctor’s help. Although you trusted your doctor, something, something seemingly very in control of the doctor, went wrong. You are angry and confused, but also think of the commonality of medical malpractice. So, why do doctors, who are supposed to help, harm? Though many flaws influence it, malpractice can be, and often is unintentional. Most doctors aren’t trained to harm their patients. Inexperience and lack of medical discovery led to unintentional suffering of the patient. Personal flaws, like lack of willingness to abandon previous medical methods and shortcomings in communication also harm patients. Further reasons why doctors harm are socio-medical understandings that breed hate, prejudices stemming from a society’s belief about certain people, such as the medical practice under the Nazi regime. Additionally, displayed in the case of Ignác Semmelweis, judgement of one to oneself can be detrimental to any progress one’s ideas could make. We will examine these concepts through Jerome Groopman’s “Flesh-and-Blood Decision Making”, Sherwin Nuland’s The Doctors’ Plague and Barbara Bachrach’s “In the Name of Public Health”. Those who practice medicine are, unfortunately, unfree from the imperfections that plague all of humanity. Through these intimate and varied faults, doctors do harm.