Preview

Ms. Gadner's Negligence Case Study: Bay Hospital

Powerful Essays
Open Document
Open Document
1535 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ms. Gadner's Negligence Case Study: Bay Hospital
Tort Case Study In Ms. Gadner’s case, numerous negligent actions were performed by numerous healthcare professionals. Unfortunately, this negligence cost the plaintiff her life from a preventable and treatable diagnosis. Below, detailed discussion of the case will be used to prove negligence by the numerous professionals and healthcare organization.
Ms. Gadner’s Case
Potential Defendants First, the defendant that would be presumed the most liable for this heinous act would be Bay Hospital. Bay Hospital is the healthcare facility in which the physicians and nurses were employed. Subsequently, they presume the liability for their staff even if the facility did not perform a negligent act. Next, Dr. Dick, the emergency room physician, would
…show more content…
Dick is considered an employee of the hospital as a second-year resident. Fundamentally, vicarious liability requires that the employer is responsible for the torts of its’ employees even though the facility was not negligent. Furthermore, the doctrine of vicarious liability only extends to the facility, and not the individual physician, when the physician is considered a hospital employee. Within vicarious liability, interns and residents are generally considered employees of the hospital (Furrow et al., 2105). In this case, Bay Hospital is responsible for Dr. Dick’s negligence since he is a second-year …show more content…
For example, shock symptoms, heart attack, stroke, and traumas. If a patient presents to the ED with a specific set of symptoms that correlates to any of these four categories, then specific treatment, tests, and procedures will be implemented for every patient, every time. Now, an additional policy needs to be immediately implemented to ensure the transfer of patients to larger hospitals when quality care within Bay Hospital cannot be ensured. In order to successfully implement these order sets, specific education will be needed for physicians, nurses, respiratory therapists, phlebotomists, and radiology (personal communication, February 16,

You May Also Find These Documents Helpful

  • Good Essays

    Case Brief The Day After

    • 994 Words
    • 3 Pages

    Over the last 18 months the average occupancy at Riley Memorial Hospital had fallen. This was certainly a cause for concern for Charlie and the hospital board. As a result, 134 employees were laid off to keep the hospital out of the red. This led to the closing of two specialized nursing units, which had a few trustees and several physicians extremely upset with the board’s decision. Charlie’s relationship with the board and medical staff had changed over time because of his inability to control the number of matters of importance due to a changing external environment. Consequently, Charlie lost his ability to make necessary decisions in a timely manner. With four physicians on the board, Charlie met with resistance when he tried to prepare the board for the economic downturn and the publics decline in the use of physicians and hospitals. Furthermore, Charlie met with resistance once again when he tried to review a proposed contract submitted by a health maintenance organization with the board. Instead of listening to what Charlie had to say, the four physicians persuaded the board to support private practitioners and engage in fee-for-service medicine. The board assured Charlie that the physicians would keep the hospitals needs and interests above those of the medical staff. Charlie appointed Bill Handy as the COO of Riley Memorial Hospital and turned over all internal operations to him. Although this new appointment was fully endorsed by the board, it was never understood or accepted by many of the physicians. The physicians at Riley Memorial Hospital considered Charlie’s role to primarily serve the interests of the medical staff. Many physicians believed Charlie did…

    • 994 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Lavr Johnson Wheaton Case

    • 324 Words
    • 2 Pages

    Wheaton is liable for the manager’s injuries. Under the doctrine of Respondeat Superior Liability. The principle in this case would be Wheaton and the agent would be LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents, who are employees and who commit the tort while acting within the scope their employment, in addition, it also makes the principal liable both for an employees' negligence and for her intentional torts (pg. 944).…

    • 324 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Whistle Blower Case Paper

    • 1733 Words
    • 7 Pages

    1. Who is ultimately accountable / responsible for the medical staff working at a hospital? Who would be the responsible party at this hospital? Support your answer with documentation and legal reference (for example did your support come from your text, if so, state the page), eg. past cases (cite case), specific Tennessee code, specific federal law, etc.…

    • 1733 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Week 5 Assignment

    • 656 Words
    • 2 Pages

    Software Inc. would be liable to the owners of Jimmy’s bar and Jimmy’s mom. The employer is liable for acts done under his express or implied authority, to the same extent as if they were his own. “It is, therefore, the universally accepted rule that an employer is liable for personal injuries or the death of another person, or injury to another person’s property caused by his employee’s negligence,…

    • 656 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Ls 311 Unit 2 Assignment

    • 387 Words
    • 2 Pages

    Negligence is defined as an unintentional tort and occurs when someone is injured because of the failure of someone else. Duty of care is the obligation by an individual to keep foreseeable harm from others. Certain actions can be tolerated and some cannot; which simply means that some actions are right and some actions are wrong. (Fundamentals of Business Law, pg. 80) In this case John Davis was at the exit while patrons left the art show. Unexpectedly Mr. Davis spun around colliding with Ms. Esposito. Ms Esposito, an 80 year old woman, fell to the ground because of the collision with John Davis. The fall to the ground fractured Ms Esposito’s hip and resulted in replacement hip surgery for her. The law recognizes the duty on the part of the employer to keep the flow of the pedestrians unobstructed. The burden imposed upon John Davis to keep a proper lookout in the access area to a building is easy to show. Whereas, showing the likelihood of serious injury when a patron is knocked to the ground is much harder to prove. The burden of such a precaution is reasonable in order to protect customers or pedestrians in their use of the access areas to a building." AN employee is an extension of the employer and is under the same obligations.…

    • 387 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    healthcaare

    • 2361 Words
    • 10 Pages

    Helen Lawson has been hired as supervisor of the Metro City Health Department’s Suburban Health Center and has had an overall positive attitude about the Center. Although her overall experience has been positive she was aware of an ongoing problem with one nurse, Ms. Dorothy Wilson, one of three nurses with a bachelor’s degree in nursing at the Center. Dr. Morgan, the staff doctor for a state funded health project, has confronted Lawson about the attitude and overall unapproachable demeanor of Wilson towards his staff. Dr. Morgan would like Lawson to terminate Wilson’s employment at the Center and would like it done as soon as possible. Though Lawson has a supervisory position at the center she does not have the authority to terminate Wilson and was able to convey her limitations to Dr. Morgan while giving assurance that she will further investigate the issues presented.…

    • 2361 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Ethics Case Study

    • 723 Words
    • 3 Pages

    Under the principle of respondeat superior, an employer is liable for the acts of the employee within the scope of employment. What this means for physicians is that they are liable for negligent actions of the employees working for them. When a physician delegates certain duties to staff employees the ultimate liability for the correct performance of these duties rests with the physician ( Fremgen, 2009, p. 58-59).…

    • 723 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    law case

    • 427 Words
    • 2 Pages

    The incident of February 15th, Mr. Kevin Hyer; the registered nurse of Nittany Regional Medical Center, leaving his patient in gurney and refused to move his assigned patient as a result of “self-protection”, is carefully reviewed by assigned third party arbitrator. It is understood that any claim of medical malpractice, including any claims from Nittany Regional Medical center, arbitration party has carefully reviewed of legal laws and previous similar cases prior to binding this arbitration clause.…

    • 427 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    You Decide

    • 764 Words
    • 4 Pages

    "The Court in Bricker v. Snook, (1989) Ohio App. LEXIS 1076 stated “It is the universally accepted rule that an employer is liable for personal injuries or the death of another person, or injury to another person's property caused by his employee's negligence, misconduct, misfeasance, or wrongful, improper, or unlawful acts, when done within the scope of his authority, whether the authority is express or implied, or inferred from the general course of business…

    • 764 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Business Law

    • 383 Words
    • 2 Pages

    There are certain types of cases that a director/officer can be liable. In this case, Greg Allen was found liable for damages just as his corporation was, however it was later vacated because the court determined that corporate officers are not generally liable for contractual obligations. Later, the court reversed the judgment that Greg Allen was not individually responsible. Liability of shareholders is determined by common law and generally, officers are not liable for torts committed by its agents. Agents that commit a tortious act (criminal, punishable, etc.), however, can be personally liable along with the principle. For this case, the agent, Greg Allen, was accused of negligence and the Estelle’s’ filed a suit against him as well as the corporation. According to Miller & Jentz, the corporation is liable for torts committed by its agents or officers within the scope of their employment. The liability would fall on the corporation because the agent, Greg, was directly working within the scope of his employment at the Estelle’s. The court ruled that the breach of contract fell on Greg Allen Construction and eventually retracted stating Greg Allen himself should have also been liable due to Greg participating in the negligent conduct. Since the duty of the agent was to work in an appropriate manner and…

    • 383 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Monico, E., Kulkarni, R., & Calise, A. (2013). The Criminal Prosecution of Medical Negligence. Retrieved from http://www.ispub.com/IJLHE/5/1/5237…

    • 1496 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Scenario: As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a permanent physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence.…

    • 492 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Medical Law and Ethics

    • 900 Words
    • 4 Pages

    1. As employers, physicians have general liability in what three areas? The Practice’s Building and Grounds, Automobiles and Employee Safety.…

    • 900 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This principle is commonly applied to emergency room physicians. While these physicians are frequently employees of an emergency room group practice that has contracted with the hospital, it’s understandable that patients of the ER may believe that the emergency room physicians work for the hospital. Because of this perception, the hospital can be held vicariously liable for the acts of physicians in the…

    • 827 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    What should be the future of Indonesia-Japan relation and what contribution will you be willing to make in order to strengthen and deepen the relationship…

    • 358 Words
    • 2 Pages
    Satisfactory Essays