Preview

Medical Malpractice

Powerful Essays
Open Document
Open Document
5400 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Medical Malpractice
Medical Malpractice | The Good, the Bad, the Ugly | | | |

|

The outcomes of medical malpractice lie in the following explanation of perspectives, referred to as “the good, the bad, and the ugly.” This paper provides a presentation of facts of the two highest single-incident medical malpractice lawsuits in Connecticut: Daniel Jacob D’Attilo et al. v. Richard Viscarello et al. (Case 1) and Elizabeth Oram and Simon Oram as Parents and Next Friends of Spencer Oram at al. v. Corinne E. De Cholnoky, M.D. et al. (Case 2) A brief summary of each case, entitled “Sum it Up” will precede the presentation of facts to give the basic premise and overview of events leading up to each trial. Both cases resulted in significant economic compensation to the plaintiff for damages of negligent infliction of emotional distress. After a description of each case, an analysis of the legal and ethical issues will be presented. This analysis will compare and contrast the view in three sections, entitled “the good, the bad, and the ugly” the patient (or plaintiff), doctor (or defendant), and lawyers. While the “good” and “bad” are clear, the “ugly” will specifically target the categorical imperative of the patient, doctor, and lawyers in these two lawsuits. After the positive and negative effects of these cases are revealed, several solutions will be identified with the hope of decreasing frivolous lawsuits, health care costs, and excessive medical bills.
“Sum it Up” Case 1: D’Attilo v. Dr. Viscarello On February 2, 2003, Daniel D’Attilo was born to Domenic and Cathy D’Attilo, from Norwalk, Connecticut via Cesarean section by Dr. Richard Viscarello, the family obstetrician. On January 31, Cathy D’Attilo went to Dr. Viscarello for a routine check-up. During the visit, Dr. Viscarello found her amniotic fluid level had dropped 50%, and told Cathy to come back the following week. On February 2, Cathy went into labor and after being admitted to Stamford Hospital was



Bibliography: "Conn. Jury Awards Record $38.5M in Malpractice Lawsuit." Insurance Journal. The Advocate of Stamford, 11 Feb. 2008. Web. 28 June 2013. Retrieved from http://www.insurance journal.com/news/east/2008/02/11/ 87218.html Daniel Jacob D 'Attilo Et Al Goldfarb, Stanley. "The Malpractice Problem." Weekly Standard. CBS News, 29 Oct. 2009. Web. 28 June 2013. Retrieved from http://www.cbsnews.com/2100-215_162-5442948.html Meiners, Ringleb, and Edwards. "Chapter 6: Elements of Torts." The Legal Environment of Business. Mason, OH: South-Western Cengage Learning, 2008. 150. Print. [ 14 ]. (Sturdevant, 2011) [ 15 ] [ 26 ]. (Goldfarb, 2009) [ 27 ] [ 28 ]. (Sturdevant, 2011) [ 29 ] [ 30 ]. (Conn. Jury Awards Record $38.5M in Malpractice Lawsuit, 2008) [ 31 ] [ 34 ]. (Goldfarb, 2009) [ 35 ]

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Facts: On April 1984, Plaintiffs, Roxanne and Steven filed a complaint against defendants, Carter F. Dillman and Webster Hospital Association. Alleging, amongst other things the defendant was negligent, careless, and failed to comply with the standard of care during a medical practice for permanent sterilization. The Plaintiff wanted damages because she was not permanently sterilized and was able to conceived a healthy child. She wanted damages to include the expenses of their pregnancy, the cost of raising a child, the child’s education, medical and other expenses; such as loss wages, loss of consortium, and expenses for and unsuccessful tubal ligation. The defendant filed a motion to dismiss on grounds that the plaintiff failed to state the claim for which relief could be granted because they felt that the child was healthy.…

    • 540 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    I am currently working on a workers’ compensation case involving Dr. Cox that I want to bring to your attention: Cox MD (Jose Martinez) v. Colonelli Brothers; 2007-35183.…

    • 248 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Case Name: Traine Smith, Appellant v. Friends Hospital, Dewight Magwood, Benjamin Messina, Ronald Potter, Robert Anthony and Dewayne Thomas, Appellees…

    • 688 Words
    • 3 Pages
    Good Essays
  • Good Essays

    “It is our conclusion that there is today no factual justification for immunity in a case such as this, and the principles of law, logic and intrinsic justice demand that the mantle of humanity must be withdrawn.” (Parker v. Port Huron Hospital, Michigan)…

    • 760 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Catherine I. Hanson and Astrid G. Meghrigian, Amicus Curiae for California Medical Association in support of Appellant Khajavi.…

    • 1548 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    reduce the cost of malpractice lawsuits, defensive medicine and the lack of justice for injured…

    • 1629 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Case 2: Doucette v. Jones - [2006] N.B.J. No. 225, [2006] A.N.-B. no 225, 2006 NBCA 38, 299 N.B.R. (2d) 288, 18 B.L.R. (4th) 185, 24 E.T.R. (3d) 167, 148 A.C.W.S. (3d) 640, 2006 CarswellNB…

    • 1238 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Tort Law Case Study

    • 445 Words
    • 2 Pages

    As three years had passed, Ms. Spears contends that she is a victim of a medical malpractice and of Texas’ newly reformed tort laws. Texas lawmakers unanimously passed a tort reform package in 2003 which topped noneconomic damages that a plaintiff could receive in medical malpractice at $250,000. That became the negligence standard for emergency care. It also required an expert witness to substantiate evidence of negligence before a trial. Tort reform advocates approve the law as a way to reduce frivolous lawsuits against health care providers and organizations. Plaintiffs would be required to find a physician in the equivalent practice to serve as the expert witness. Laws also held plaintiffs accountable for defendants’ legal fees if they are unable to…

    • 445 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Contracts I Course Outline

    • 2280 Words
    • 10 Pages

    b. Hawkins v. McGee – an expectation to the idea that most medical promises should be argued in malpractice suit…

    • 2280 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Aed 201 Week 6

    • 781 Words
    • 4 Pages

    5th Circuit Upholds Laws on Corporal Punishment. 12/11/2000. Education USA, Aspen Publishers Inc. Vol. 42 Issue 25,…

    • 781 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Medical malpractice is when a doctor or another medical professional, such as a nurse or technician, does something or does not do something that causes an injury, harm or death to a patient. In the U.S., experts estimate that about seven in every 1,000 newborns suffer a significant, traumatic birth injury each year due to medical malpractice. Those injuries include, but are not limited to, autism, cerebral palsy, as well as Erb's palsy. According to Donald H. Beskind, a professor at Duke University School of Law, juries are typically influenced by three main factors when deliberating on malpractice cases: the degree to which it is clear who was at fault for the negligence, what money would do to improve the plaintiffs' quality of life, and…

    • 418 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Health Care Event

    • 1022 Words
    • 5 Pages

    Through the many events that have taken place in the health care industry one that comes to mind is how excessive litigation affecting health care today. Litigation has become so broad that it has become a specialized department in the law industry. When one watches television, listens to the radio, browses the Internet, or looks at other media outlets he or she is bound to come across some advertisements for litigations against health care facilities and professionals at frequent intervals. It is not unexpected to see or hear several of them throughout the day. Law firms have even become specialized in health care related cases and focus on specific conditions caused by some sort of illness, medication, or even procedure. The result of this is that health care facilities close due to the financial burden of payments resulting from litigations, in the long run the amount paid for malpractice insurance rises, insurance premiums rise, and costs of health care increases because of the additional procedures ordered to try to prevent litigation (Satiani, 2004). The practice of defensive medicine is estimated to cost two and a half times average coverage cost and the estimated savings in tort reform is passed in 50 billion dollars…

    • 1022 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Junk Lawsuits

    • 943 Words
    • 4 Pages

    In America, we all have this thought in our heads that if there is a medical accident someone must pay for it. This way of life is destroying the America that we all love. Medical laws suits need to be regulated because they have caused the rise in healthcare costs, doctors being afraid to practice medicine, and the clogging of the court system.…

    • 943 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Healthcare Fraud and Abuse

    • 3859 Words
    • 16 Pages

    Kurtz, Bob. "10 Physician Fraud and Abuse Cases Making Recent Headlines." www.beckersasc.com. Becker 's ASC, 19 July 2010. Web. 1 Nov. 2011.…

    • 3859 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    The articles states that not all malpractice claims eventually get to trial and this is not because the cases are frivolous in nature. The rate at which claims are “dropped”, abandoned, adjudicated or withdrawn has been found to be quite alarming and costly. From the article, we understand that some claims are dropped because of the long process it goes through before getting to trial of which some plaintiffs are not patient enough to wait for, some are dropped because in the process of litigation and battling the claims out, they discover some facts or pivotal information that “lowers their assessment of the value of their case or claims”. The article also found that a case can be dropped due to reasons that should have been foreseen by the plaintiff and his attorney. Thorough investigations should be made by a plaintiff and his attorney before filling a lawsuit as this would reduce the number of claims which ultimately reduces the litigation cost.…

    • 365 Words
    • 2 Pages
    Good Essays

Related Topics