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.…
I investigated the 2009 Texas Whistleblower case concerning registered nurses Anne Mitchell and Vickilyn Galle, and Dr. Rolando Arafiles Jr.. Mitchell and Galle anonymously reported their concerns to the Texas Medical Board, on the standards of care provided, at Winkler County Memorial Hospital and the Winkler County Rural Health Clinic, by physician Dr. Arafiles. The letter reported that Dr. Rolando Arafiles Jr. was promoting his herbal supplements by encouraging his patients to purchase them and that he had performed a procedure on a patient in their home using the hospital's supplies. In August of 2009, Galle and Mitchell decided to settle their civil lawsuit against Dr. Arafiles and the federal lawsuit, without acknowledging liability,…
Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant.…
TO: Professor Patrick FROM: Pleuni C. D. Finley RE: Jones v. Star, 298 N.Y.S.2d 264 (N.Y. Misc. 1969) DATE: 9/19/16 Facts On August 21, 1965, the buyers, being welfare recipients, purchased a freezer unit for $900, plus time credit charges, credit life insurance, credit property insurance, and sales tax, bringing them to a total purchase price of $1234. After buyer paid, $619, leaving a balance of $615, seller informed client they owed an additional $204 for other credit charges. The maximum retail value was determined to be $300.…
The court defended that there is no law that refuses the professional freedom of physicians to compare problem-solving approaches to their counterparts in order to improve the quality of services they provide to the public. Dr. Ketcham’s affidavit concludes that he had no contact with Dr. Brock concerning the care or treatment of Oliver. He also noted that he was not aware of any contact between the Plaintiff and Dr. Brock while she was a patient at Bryan Whitfield Memorial Hospital. The supporting evidence mentioned above, lucidly supports Dr. Brock’s motion for summary judgment based on the adjudication of the…
Justice Rosenberg strongly supports the idea that being part of a minority causes a disadvantage within society. She believes in the real impacts of systematic racism and other factors that make the whole picture. In the Ontario Court of Appeal, 2003 case R. v. Borde, the appellant was convicted and given minimal time due his race. This all beside the fact that Borde was uncontrollable, disrespectful, and a dangerous threat to society. The court lessened his sentence knowing very well that Borde is in no way remorseful of his past actions and is known for; not following the rules of his probation, breaking rules surrounding his restraining order, carrying firearms, and trafficking drugs among several other convictions all because of the historical…
Perin v. Hayne This is a case that involved the plantiff named Irene Perin, and the defendant who was named Robert Hayne. Robert Hayne who is the defendant was accused by Irene Perin of malpractice. November, 1968, Irene Perin had an anterior approach cervical fusion procedure done. This is a surgery that removes a herniated or degenerative disc in the neck.…
TENTH AFFIRMATIVE DEFENSE Dr. Stout’s counterclaims are barred, in whole or in part, because the Clinic was discharged from further performance of the employment contract due to Physician’s prior material breach. ELEVENTH AFFIRMATIVE DEFENSE Dr. Stout’s counterclaims are barred, in whole or in part, by the contractual disclaimer in Section 6.15 of the subject employment agreement, which states that “any promises, inducements, or benefits of any kind or nature made or alleged…
Case Q: Whose Hospital? Background of the situation: In June of 1979, the medical staff at Brendan Hospital held a mass meeting at the hospital to discuss various allegations against CEO, Don Wherry. A petition was signed by half the medical staff and by half the employees of the hospital at the mass meeting.…
This article is about the ruling of the Commonwealth Court that employers are not required to keep the drug and alcohol test results of an employee confidential. The Pennsylvania Drug and Alcohol Abuse Control Act, which bars disclosure of the substance and addiction treatment records of a patient to third parties, was unanimously ruled by a three-judge panel that it does not apply to the drug and alcohol test results of an employee. It all started with the recent case of In the Matter of the Commonwealth of Pennsylvania Department of State, Bureau of Professional and Occupational Affairs (State Board of Nursing Investigation No. 14-51-05195) V. Abington Health, where Abington Hospital fired a registered nurse for failing a drug test and the hospital worried that if they abide by the subpoena and released the nurse’s test records that they would be going against the ruling of the 1999 Murray v. Surgical Specialties case. The overall ruling was that according to the Control Act, the results of drug and alcohol tests done for the purpose of the employee receiving treatment may not be released because it may cause the employee to feel discouraged and not get the treatment they need.…
Book Review: The Malpractice Myth by Tom Baker Summary: The Malpractice Myth by Tom Baker exposes the problem of high-cost healthcare services by insurance companies due to legal liability, profit incentives, and market competition. Stereotypically, the problem of medical malpractice is often blamed on patient litigation and tort law, which is proven false in Baker’s (2007) analysis. Baker (2007) defines the two factors of (1) increased medical malpractice (with decreased lawsuits) and (2) healthcare rate hikes in the healthcare industry as the primary culprit for high healthcare costs. Discussion: Tom Baker’s (2007) motive for writing this book is to debunk the myth of legal mitigation for medical malpractice as the primary reason for the failure of insurance companies to provide affordable and effective healthcare services.…
The 1980 court case, Armstrong V. Kline, drew from parents of children with exceptionalities becoming upset with the education system’s 180-day school year rule1. Beginning in January of 1980, they decided that enough was enough and they needed to do something before summer vacation came so, their child/children would not lose everything they learned during the school year1. The parents took on the court case, filing three class action lawsuits, all of which were against Caryl Kline, the secretary of education and chief official of the Department of Education1. The result of this particular case relieved me but, the fact it had to become a court case, I found to be absolutely ridiculous. Also, the terminology they used while describing the…
Law and Policy Paper: Stark Law Many laws and policies that are passed into legislation focus on the ever-important topic of healthcare. From the Health Insurance and Accountability Act of 1996 (HIPAA) to the Patient Protection and Affordable Care Act (commonly called the Affordable Care Act [ACA]) of today, healthcare is an issue that will forever be in the forefront of our societal concerns. However, the law I chose to discuss here is the Limitation on Certain Physician Referrals, more commonly known as the Stark Law. The Stark Law is of specific interest to me because it has had an extensive impact on specialist physicians, particularly orthopaedic surgeons as the law was unambiguously tailored to inhibit certain referrals by orthopaedic…
When a client files a claim for malpractice, it is the medical malpractice attorney's job to secure him or her damages for the pain and suffering which resulted from a doctor's negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state. There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages.…
On October 27, 1969 Tatiana Tarasoff was killed by Prosenjit Poddar. Tatiana Tarasoff’s parents (Plaintiffs) claim that Dr. Lawrance Moore (Defendant) and other therapists had the duty to warn Tatiana and parents of threats made by their patient, Prosenjit Poddar. They argue that two months earlier the Prosenjit Poddar had mentioned to Dr. Moore his intentions to kill Tatiana Tarasoff. Dr. Moore in fact did warn campus police about Poddar’s intentions and was detained briefly to be later released once he appeared rational. After, Dr. Harvey Powelson, Moore’s superior asked that no further action be taken to detain Poddar.…