Under the Doctrine of Corporate Negligence the hospital owes certain “duties” directly to the patient, which cannot be delegated to the medical staff. Under the Doctrine of Corporate Negligence Misericordia Community Hospital, owes a duty to its patients to refrain from any act which will cause foreseeable harm to others even though the nature of that harm and identity of the harmed person or harmed interest are unknown at the time of the act (westlaw citation). The Pennsylvania Supreme Court in Thompson v. Nason Hospital classified the hospital’s duties into four categories. 1) a duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; 2) a duty to select and retain only competent physicians; 3) a duty to oversee all persons who practice medicine within its walls as to patient care; and 4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. The hospital also failed to adhere to its own bylaw provisions and to the Wisconsin statues related to medical…
Spence case, both parties were in a lawsuit about informed consent. The physician failed to tell the patient of the risks that can happen while going into surgery and any risks that can happen after the surgery. The patient was told of the surgery but did not ask for any additional information. For my personal choice in this case i would find both sides responsible for some of the factors that has happened in the decision making of the physician and the patient. I believe that if the patient has a well grounded mind then the physician should tell them about all the risks for the precare, the surgery itself, and the postoperative care. All of this information can help to save the hospital from a lawsuit. Also, when the patient is presented with an illness that can be helped with an operation they should always do some research about it. This includes being able to ask additional questions and concerns to the…
Hospital desired to assist in the recruitment of Physician and the establishment of his medical practice in the Community.…
In the Darling v. Charleston Community Memorial Hospital, Dr. Alexander’s way of treating the patient is a great example of medical malpractice. Although the failure to follow the adequate standard of care might have been unintentional, it resulted in a very significant and permanent damage to the patient. When a patient chooses to go to a hospital to seek medical attention, he or she expects the facility to treat him with excessive care. In this case, the jury found negligence by both Dr. Alexander as well as in the nursing staff in regards to the follow ups as the medical record supported the evidence. I strongly believe that both the physician as well as the hospital (unless the physician was an independent contractor) are both responsible…
Megen Santana has experience in improving physician contracting processes in the healthcare industry. In the The UnityPoint Health, the Executive Administrative Assistants are in charge of all medical staff and physician contracts. They also need to follow up with all involved parties (e.g. board of director, VP, etc.) to acquire certain signatures for the legal documents of the employment contracts. However, last year, issues have arisen on getting those signatures in a specific time frame; thus the physician employment statuses were delayed for a few months due to this problem. This project involved giving some advices to improve the efficiency of the physician employment process through various IE concepts that she has learned, including,…
"The mission of Poinciana Regional Hospital (PRH) is to provide the highest quality health-care services to the communities; we serve in a compassionate and caring environment. PRH is the home of integrative and compassionate cancer care. We never stop searching for and providing powerful and innovative therapies to heal the whole person, improve quality of life and restore hope ".…
As the following will demonstrate, both parties can build valid arguments within proper ethical boundaries. On the one hand, patients deemed competent can see the imposition of treatment as an affront to their dignity and rights, while doctors can challenge competence and argue that imposing treatment brings about greater benefits. With every particular ethical consideration taken into account, one sees that the patient’s needs somewhat trumps the doctor’s position and that some form of compromise must be reached to maximize the good that comes from the final treatment decision.…
Fremgen, B. F. (2012). Medical law and ethics: An interactive look at the decision, dilemmas, and regulations in healthcare practice today (4th ed.). Upper Saddle River, NJ: Prentice…
Fremgen, B. F. (2009). Medical law and ethics (3rd ed.). Upper Saddle River, NJ: Pearson…
Consent also has a legal angle. Patients have the right to decide about what they do or what others can do to their lives and their bodies. Therefore, obtaining consent is necessary for anything other than a routine physical examination and investigation. Informed consent prior medical intervention protects the doctor and the hospital in which he or she works from certain forms of litigation, because the medical intervention was legal, and carried out after authorization by the patient. However, legal protection of the informed consent does not protect the doctor in case of errors and malpractice. The primary care physician obtained informed consent from Mrs. R and I also take the patient’s consent for conducting the interview since any act done without permission, is considered as medical battery. Additionally,…
In the case presented for discussion described above, it was imminent that Dr. Yarnell had a justifiable medical history that supported his symptoms. Nonetheless, it can be argued the way PA Brian decided to evaluate and treat Dr. Yarnell was biased or based on personal interests. PA Brian’s medical judgment was compromised. Mutual personal motivations existed between Dr. Yarnell and PA Brian. However, as a clinician PA Brian should have impartially evaluated Dr. Yarnell by properly and examining and documenting his findings or properly redirecting Dr.Yarnell to a different clinician. If the patient (Dr. Yarnell) was never appropriately examined, how can PA Brian as a health care provider substantiate that the medication prescribed was adequate and beneficial for the…
Thanks for sharing your perspective on the case study that involves Leonard and Dr. Farrah-Fowler. I agree with your insight that an express contract may be written or oral. Although written and oral are two different approaches to a contract, they are both effective methods. I think that a written document is more verifiable compared to a verbal agreement. Per the article, “The Limits of Expanded Choice” the author introduces the term contract by stating, “What the law calls a “contract” starts out with communication: an exchange of promises between the parties” (Goetz, 1985). In this case, I do not agree with your choice that this is not a breach. Leonard was still under the care of Dr. Farrah-Fowler when he gave Leonard the blood transfusion. Noting that prior statement, the contract is still valid until he is out of the care of Dr. Farrah-Fowler and his payment is made. Leonard made it very clear by signing multiple documents that he refused to receive any blood products. The doctor educated Leonard of all the risk and complications of the surgery. The possibility of death was indicated, and he still said no to blood transfusions prior to the procedure. You pointed out that Beverly was listed as an emergency contact, which is accurate. However, an emergency contact does not have the authority to make medical decisions without some type of…
References: Fremgen, B. F. (2012). Professional liability and medical malpractice. In Medical law and ethics (4th ed., pp. 133-157). Upper Saddle River, N.J.: Pearson.…
This research paper is being submitted on March 3th, 2013, for Milo Sampson’s M230/HSC2641 Section 04 - Medical Law and Ethics class.…
References: Flight, Myrtle. (2004). Law, Liability, and Ethics: for Medical Office Professionals (4th ed). Clifton Park, NY: Delmar Cengage Learning.…