Each case is unique and has its own details as to how the alleged incident came into play. Therefore, each case needs to be analyzed in detail and reviewed before deciding who is at fault and to what degree they deserve to be punished. In the situation of “The Case of Jeanette M. and the Phone Call” adapted from chapter one of “Medical Law and Ethics” written by Bonnie Fremgen, it describes a medical situation that resulted in the death of an elderly women. The ethical and or legal issues in…
Every individual is different and medical decisions are made collaboratively. The testimony of the injured patient relies on the subjective belief of the abuse, circumstances, and the consent to the medical procedures (Harris, 2008, p. 201). Therefore, in the Dax’s case the excruciatingly painful Clorox baths in an immersion tank is an issue of subjective belief of abuse, even though it is circumstantial. I believe that Dax was liable to be informed of the disclosure of the extraordinary painful procedure and timeframe of its execution.…
1983 a severe car accident changed Nancy Cruzan's life forever. Nancy was found without any detectable vitals, but the ambulance was able to bring her back to stable vitals. Nancys life was changed forever , and was diagnosed with cerebral contusions compounded by significant anoxia. In other words she was in a “...persistent vegetative state…”(Rehnquist). Before this horrific accident, she had verbalized that if she were to ever be in this state that she would wish to die and to not continue with her life.…
According to the laws about comparative negligence, you are able to seek damages from the other party in a car accident. Even if you were partially at fault, you are entitled to recover the percent of the damages that was not your fault. If you were 40 percent at fault for a $100,000 accident, you would be able to recover 60 percent, or $60,000, of the total amount. The “No-Fault” Laws in Florida…
A person’s autonomy is a privilege that is earned through the knowledge gained through life experiences. For children, the right to decide is withdrawn because the parent’s are thought to know what is best in the circumstances concerning their children. The ability to understand and comprehend the severity of illness or the consequences of decisions is lacking in adolescents. They are deemed incapable of making informed decisions thus incompetent; therefore, the parents are given the authority to provide or deny consent on behalf of their children. Similarly, elderly who are experiencing deteriorating illnesses may have an altered competence due to being in denial or having fear of the outcome.…
Literature Review: Theory The literature review is vital to the success of this paper as it will look at the past relevant theories and studies to help define important terms while theory in this paper will serve to help define medical malpractice. The first step is to determine when a doctor is liable to their patient, and the courts can use the entry rules (Stein, 2012) to help determine when a doctor is liable to their patients. Also entry rules also help determine when medical malpractice occurs (Stein, 2012), but the theory also acknowledges when these medical malpractices should be exempt with the creation of the exit rules (Stein, 2012). Ideally according to Stein's theory, medical institutions should govern entry rules as they…
Topic sentence 1: A mentally impaired patient may still able to make decision for his or her healthcare. A mentally-ill patient can still refuse lifesaving treatment even if he or she is known as “mentally ill”. The term itself does not mean that the person is automatically derived from their capacity and rights. It is still very much depend on the patient’s degree of mental impairment. Due to that, all patients must be assessed for their capacity to give consent and must be given opportunity to receive adequate and effective information in helping them to understand the consent regarding such treatment.…
Question 1 Area of the Tort law: Negligence Liability Material Facts: Benji v Parramatta Storms Rugby League Club, Jack and Bronco (Personal Injury- Head)/ Negligence act. Benji (Plaintiff), a first grade league player of Western Tigers Rugby League Football Club was severely injured following a spear tackle by Parramatta Storms Rugby League Club’s (first defendant) players Jack and Bronco (second and third defendants). Benji was therefore forced into career retirement at his peak due to negligent acts of the defendant. Subsequently, National Rugby League charged the second and third defendant with having made a dangerous throw, to which they pleaded guilty. Issues: The most pertinent issue at hand is the fact that whether the defendants…
When a child suffers a birth injury due to neglect by a doctor or by hospital staff, that's negligence and the hospital or the individuals should have to answer to what they have done. After all, the child who suffered the birth injury has the chance of suffering their entire lives. And their parents have…
Example of a civil negligence can be found in the case listed in chapter 2 of the Fregmen’s textbook which is the case of Jacob and his Doctor, Dr. M. Jacob plays on the football team at his high school and had been offered a college scholarship. He suffered a compound fracture in his lower leg during the summer game. The orthopedic doctor, Dr. M, at the hospital had been his attending physician. Upon his discharge, Jacob was informed to follow up with him in few weeks at his office. Jacob returned to the office for follow up with his parents; his wound seemed to be healing with just minor inflammations around the area.…
In Shirley’s case study, she suffered a brain injury that left her depending from others. Furthermore, in other cases there is failure to account for patient acuity, patients can get more injured or acquire secondary illnesses or infections due to lack of care to the patient. In addition, patients can get sent home too soon without adequate education about how to take care of their illness or injury, and the one that most regret to experience is, patient death (Amer, 2013). Laws in Arizona &…
Information gathering is done verbally through a series of questions to acquire a patient’s allergies, medical history, medications, last meal, timing, severity, radiation, quality, provocation, onset, symptoms and events leading to the emergency prior to vital signs and the appropriate guideline to follow (QAS, 2015). As an example, Thompson and Drummond (2013) demonstrates the different stages of paramedic process which is required to be completed before proceeding to the next stage as each of the subsequent steps will directly affect the next. It starts with assessment of the scene and first impressions, followed be patient history and examination before any clinical decisions are made. The research also suggests that the primary and secondary…
Death and Legal Considerations “Death is both inevitable and irreversible. It is the one personal event that the individual can never report. ”(Riley, 1983 p.192) Riley states in his Sociology Review Article, “Dying and the meanings of Death: Sociological Inquiries.” If I was forced to make an end of life decision I feel it would highly depend on the individual circumstance. In this paper for my final project I will look at problems that arise with end of life decisions, look at legal cases and how they approached the problems and present my decision based on specific circumstance.…
Negligence occurs when a particular person fails to perform a duty that they are entitled to perform. According to laws.com, there are four things that must occur in or-der for a tort to be a negligence tort, “a person must owe a duty or service to the victim in question; the individual who owes the duty must violate the promise or obligation; an injury then must arise because of that specific violation; and the injury causes must have been reasonably foreseeable as a result of the person’s negligent actions. (laws.com)” The decision in the case, Tarasoff vs. Regents of University of California, demonstrates these four qualifying factors, therefore making it a negligence tort case.…
Who decides what to do when it comes to someone else’s life? A multitude of people in the world have a problem deciding whether or not to “pull the plug” for their loved ones. “Pulling the plug” comes with major ethical issues when deciding the best interests of the patient, so policies, procedures, and principles have been put in place to help physicians and the family/surrogates to make the right decision (Thompson). Two main principles justify the legality of this issue which are informed consent and informed refusal.…