Vanaman V. Graybean Case Summary

Improved Essays
This case brought by the plaintiff’s parents, Mr. Walter Vanaman and Mrs. Nancy Vanaman, and the minor plaintiff, Ms. Barbara Vanaman. On June 1964, while Ms. Barbara Vanaman played in her backyard and fell into a hole, she twisted her ankle. The family was trying to reach their primary physician but they couldn’t get in contact with their doctor. They immediately took the patient to Milford Memorial Hospital. Prior seeing the doctor, the nurse asked the family if they wanted any doctor specific, since they didn’t know anybody at this hospital, they were okay to see anyone. In here, they’ve met the defendant Dr. Graybeal, who was on duty at the moment. The doctor ordered an X-ray and identified the patient had a fracture of her bone. Soon, he put her broken leg in a cast. After the service at the ER room, the patient, later on, saw Dr. Graybeal for her treatment couple times at his private office. Couple months passed, Ms. Vanaman complained to the doctor that the cast was too tight, as the result the tight cast, it injured her broken leg even more. There was also a failure to diagnose and treat the patient’s condition. At the end, Ms. Barbara Vanaman suffered an injury to the vascular, lymph, cellular and nervous tissue and cells of her leg. …show more content…
But the hospital argued that Dr. Graybeal wasn’t their employee. And they weren’t in control of what done by Dr.Graybeal. To be an employee or servant of the hospital, the hospital must be in charge of the work their employee has done. Therefore, the doctor’s negligent wasn’t their responsibility. Whereas, plaintiff argued, when they were in the ER room, and the attending physician took care of them, no matter who was in charge of the authorities, the hospital should be liable since it was underdetermined and mistreated by one of its

Related Documents

  • Decent Essays

    In the case Morena v South Hills Systems, the Pennsylvania Supreme Court said that the paramedics were not negligent. The paramedics transported a shooting victim to the nearest hospital instead of one that was five miles away with a thoracic surgeon. The court justified the ruling saying that the paramedics could not judge the extent of the patient’s injury. A Thoracic surgeon can operate on critical care patients.…

    • 267 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Attorneys for Wilson Elser never presented one scintilla of evidence or information proving that MMC was a victim of abusive communication, false reporting or suffered irreparable harm. In fact, the record in this case includes evidence that Montefiore staff and agents have engaged in false swearing and testimony. In addition, the record proves that Montefiore Medical Center and its staff completed or caused to be completed a healthcare proxy by an elderly patient that is both completed and witnessed by only Montefiore staff. One of the staff members who signed the proxy as a witness is the doctor/healthcare provider who demanded the patient to receive a PICC line (catheter for intravenous delivery of drugs) for more than four weeks. During that time, the patient continued to deny additional surgical procedures by MMC, its staff or agents.…

    • 1115 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Subject: Barnes v. Greater Baltimore Medical Center Inc. Court: In the Court of Special Appeals Justice: Woodward, Zarnoch, Kenny, James A., III Appellee/Cross-Appellant: Greater Baltimore Medical Center, Inc. Appellants/Cross-Appellees: David A Barnes & Laura A. Barnes Court the Case was appealed from: The Circuit Court for Baltimore County Facts: Mr. David Barnes went to see Dr. Allen Halle his Primary Care Physician Care Physician, on January 25 because he having weakness in his right hand grip, numbness, and tingling in his right arm. Dr. Halle advised Mr. Barnes to go the Emergency Room immediately because he was afraid that Mr. Barnes may have been having a transient ischemic attack (mini-stroke). Dr. Halle than called Mrs.…

    • 913 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Chapter four, titled Contracts and Intentional Torts, pertains to the various laws surrounding physician and patient relationships. A major case that is presented in the chapter pertains to a woman’s false imprisonment by a physician. The case is known as Stowers v. Wolodzko, and it outlines the physician’s rights versus a patient’s rights in a legal lawsuit. The case depicts the restriction of a person’s freedom, assault and battery, and malpractice.…

    • 502 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Perin V. Hayne Case Study

    • 1037 Words
    • 5 Pages

    In 1973, the ruling of Perin v. Hayne in the district court system regarding the verdict of malpractice action was appealed to the supreme court of Iowa. The plaintiff, Ilene Perin underwent surgery to address an issue, but the attending physician performed a slightly different procedure then what was initially intended. Despite relieving the patient of her prior ailment, the outcome of the surgery resulted in the creation of another ailment. In attempt to describe what substantial difference encompasses in healthcare, several cases and perspectives will be reviewed, to better define such delineation. Perin v. Hayne Ilene Perin, the plaintiff, was a patient who suffered from several associated issues and pains, in which the cause was determined to be two protruding cervical discs in her neck.…

    • 1037 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Sidhu v Van Dyke This High Court of Australia decision revolved around a building, Oaks Cottage, situated on a 32 hectare rural property in New South Wales known as Burra Station. The appellant, Mr Sidhu, lived in the main homestead on Burra Station. The respondent, Ms Van Dyke, and her husband lived in Oaks Cottage, approximately 100 metres away. Ms Van Dyke and her husband paid rent to Mr Sidhu’s wife in respect of Oaks Cottage. Both the main homestead and Oaks Cottage were located on an unsubdivided block of land owned by Mr Sidhu and his wife as joint tenants.…

    • 757 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Whose Hospital Case Study

    • 1133 Words
    • 5 Pages

    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.…

    • 1133 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Usually we hear of stories where physicians get sued because they fail to abide by a patient’s wishes, however, the article “All-Time Craziest Frivolous Lawsuits”, (Krane 2014), discusses how a physician was sued for abiding to a patient’s wishes. The article provides insight into how some malpractice lawsuits impact physicians who try to provide patients with standard of care, only to have care refused by them and then later have legal action taken against them for complying with their wishes. The author best explains how physicians are affected by malpractice lawsuits in stating, “The assault on their reputations and the emotional upheaval they face can be traumatic even when the lawsuit is obviously fraudulent” (Krane, 2014, p. 1). This particular article discusses the story of a man who cut his hand off because he “saw the number ‘666’ written on it and stated that he heard voices which told him to cut it off. When the on-call surgeon was called in for a consult, the patient stated that if the surgeon reattached his arm, “he would cut it off again” (Krane, 2014, p. 1).…

    • 401 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Abstract Termination due to medical condition or disability is illegal and as it violates the laws enforced by U.S. Equal Employment Opportunity Commission. In the book Medical Law and Ethics, by Bonnie F. Fremgen she describes a case study, "The case of Janet K. and Epilepsy" on Chapter 8. "The Case of Janet K. and Epilepsy" describes the discrimination faced by employees. This case study will analyze the wrongful discharge of Janet, due to her epilepsy.…

    • 1509 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    5. What are the morally relevant facts? A fact that posed as misconduct is the lack in compassion and commitment from both the physician Dr. Evans and the employees at the medical clinic in the institution. Because of the fact that Dr. Evans failed to identify the lump in Tomcik’s breast as a result of a passively performed examination, he did not follow his obligation, as a physician, to deliver the high-quality care that patients should receive.…

    • 1004 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Medical Malpractice Theory

    • 1563 Words
    • 7 Pages

    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…

    • 1563 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    One would have to have internal damage, beyond soft tissue, in order to pursue a legal case. This presents as an organizational conflict because it occurs between two groups, the legal system versus Deanna and…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Veterinary Malpractice

    • 1259 Words
    • 6 Pages

    A. A Court Will Likely Find A Reasonably Close Causal Connection Between Dr. Hou’s Conduct And Actual Injury Sustained By Ms. Perez’s Mare Because The Mare Experienced The Same Severe Reaction It Had Experienced The Previous Time It Was Administered That Brand Of Vaccine, Requiring The Mare To Be Treated For Several Months Costing Approximately $50,000 A cause of action for veterinary malpractice must prove not only that the defendant breached their duty by violating the standard of care, but also that the specific breach of the standard was the proximate cause of the animal’s injury. Proximate cause consists of both cause in fact and foreseeability.…

    • 1259 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    Krouse v. Graham 19 Cal.3d 59, 562 P.2d 1022, 137 Cal. Rptr. 863 Facts: The Krouse family was returning from a grocery shopping trip and their car was parked on the curb. When Elizabeth (the wife) and Vinka Mladinov (neighbor) were returning to shut the door of the car, Graham hits a curb and rear ends the parked car. This results in the hitting the neighbor (Mladinov) and Elizabeth (the mother).…

    • 558 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Lawyer Competence Essay

    • 275 Words
    • 2 Pages

    What is competence? Competence is a person who possesses knowledge, skills, thoroughness, and preparation in his/her field of work. Under the provisions of California rules on lawyer competence (CRPC) 3-10 states: “an attorney must not intentionally, recklessly, or repeatedly fail to perform legal services with competence.” Yet, an attorney can still practice law without certain skills as long as they know how to cure their lack of learning or skills by consulting with another knowledgeable attorney, expert in the field, or by acquiring sufficient learning skills before performance is required.…

    • 275 Words
    • 2 Pages
    Decent Essays