New York City College of Technology City University of New York Law and Ethics Case: Jeanette M. and the Phone Call Erica Rotstein October 7, 2017 Professor Bonsignore HAS 3560 -Legal Aspects of Health Care Abstract The advancement in the field of medicine over the years has led to doctors and health care providers having more responsibilities on their hands. This brings into question what should and shouldn’t be done, as well as what is morally and ethically right. However, this isn’t so cut and dry.…
All these three aspects work together to render the best services to the patient. This process led to the death of the patient either due to the procedure used or other reason not discussed in this case. However, strict compliance with best practices and the law are the only standard measures to determine where a practitioner is at fault. In this case, Finnerty did not comply with policy and law to ensure that she was not responsible for the patient death. Any non-compliance would either damage the credibility of the hospital as well as the failure to convince that such faults did not amount to the death regardless of the missing evidence.…
When people undergo medical procedures, they put their lives in someone else’s hands. Though everyone deserves the highest standard of care, medical negligence is a very real problem around the country. If you sustained new or worse injuries because of a healthcare professional’s negligence, Cronin Fried Sekiya Kekina & Fairbanks in Honolulu, HI, will help. At Cronin Fried Sekiya Kekina & Fairbanks, they help clients pursue justice from doctors and hospitals for gross negligence and misconduct.…
Also, everyone involved from administrative personnel to health care providers to patients must be held responsible for every action they make. The author stated it perfectly. “Every member of society must have core health care benefits that have been…
Exact Time Limit to Bring Medial Misconduct Case in Court In accordance with Illinois medical negligence law, the claimant has up to two years from the moment the he became familiar or should have become familiar of the injury to start a court case according to the Act of limitations. Additionally, under not any circumstances does Illinois health care misconduct law let a patient to start a court case more than four years later than the health care misconduct occurred as a result of the statute of repose. Illinois also has a unique Act of limitations for claimants who have small age at the moment the medical misconduct took place. Anybody aging less than 18 years has up to eight years as time limit to file a court case, on condition that the legal proceedings are started prior to the claimant becomes 22 years old.…
John Derek Haines, Forefather Of Addiction Canada Charged With Fraud For Hiring Fake Doctors Most medical providers are law-abiding, who work hard towards achieving improvement in their patients' health. However, a few like John Haines, Forefather of Addiction Canada, want to illegally increase the size of their bank accounts. The most talk about fraud of the time came in to the media lime light when the Ontario Provincial Police charged John Haines, the owner of a renowned chain of addiction treatment centers with cheating patients of up to $6.1 million. People choose addiction centers because these centers provide hope.…
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…
Impaired Healthcare Professionals: Healthcare professionals impairment is a very serious issue, it impacts their career, family, other staff, organization and patient's safety. Impairment means physical, mental or behavioral disorders that affect the ability to work. It may result from substance abuse, mental and physical health issues. Impairment can lead to medical errors.…
This paper will discuss the importance of accountability in the health care industry because it is pertinent that everyone involved in a patient’s health care be held accountable what his or her part in providing quality of care. Why accountability is important in the health care industry If there is no accountability in the health care industry there would be a divided line under which physicians, nursing staff, and other health care professionals would fail to adhere to the morals of using judgment and ethics along with integrity when treating patients. This would cause physicians to treat patient incorrectly, inefficiently and without malice of their actions. In health care, accountability is vital to how patients perceive physicians and…
The story of a healthcare-related professional misconduct that I found in the New York Post was a story of two navy nurses that inappropriately handled newborns in a hospital located in Florida. One of nurses was making a newborn dance to rap music by moving its arms to music, while the other nurse was holding up her middle finger at the newborns and calling them ‘mini Satans’. All of these pictures and videos were recorded and posted on social media by the nurses. 1.) There were many ethical issues at play in this scenario.…
In Civil Law, negligence is an action done carelessly by the defendant which results in the plaintiff getting harmed. The four elements of negligence are: duty, breach of duty, causation, and damages. The reasonable person standard applies to the defendant, so that the harmful situation can be fixed. The three elements of the reasonable person standard are: likelihood of the occurrence, seriousness of the harm, and the cost to eliminate the harm. The case of California v. Murray (The People of California v. Conrad Robert Murray) will further explain how Negligence is used in court.…
Often, health care organizations and health care providers have claims or lawsuits brought against them because of perceived improper care or cause of injury to a patient. Fortunately, not all incidents are the fault of care givers misconduct or improper care. Internal investigations and review every so often shows that care provided did in fact meet the standard of care, and the decision to defend the actions are arranged through risk or claim management. Early identification, investigation and resolution of incidents is a major objective of the claims or risk management program. Working in conjunction with other key departments, such as Human Resources, Medical Billing and Medical Records, will assist in the early notification if information…
Abstract Law is formed for a motive and it regulates in many areas like medicine, before practicing any medical procedure or conducting a form of administrative position each medical specialist or non-medical specialist operative must comprehend a difference between ethical or unethical. Ethical and Unethical plays a significant role in our humanity every way it is whether up to how you want to approach it. According to “The case of Jeanette M. And the phone call” altered from the beginning of chapter 1 of “Medical Law and Ethics” inscribed by Bonnie Fremgen, it exemplifies how a medical receptionist and the doctor action resulted in death of Jeanette M. This case falls into so many categories of violations and code of ethics such as being…
Health care workers who leave something in the body could go to jail for what he or she has done. The health care worker does have insurance to help cover themselves for what they did. Defensive medicine is another thing that can affect them because it is known as the practice of recommending a treatment for a person that is not needed. The hospitals have been trying to fix defensive medicine because it does affect so many people in a way that is not…
In cases of medical negligence, it is the doctor who is regarded as the defendant. Medicinal Negligence is itself a hypothesis of liability that inflicts claims of medical malpractice, making this sort of prosecution an elite part of the Tort in addition to Criminal Law and Consumer Protection Act. Civil Liability and Medical Negligence Negligence is associated with carelessness in a matter in which law seeks to mandate carefulness. A breach of a duty by a medical practitioner gives a patient the right to initiate action against him under medical negligence.…