Decision: The Second District Court of Appeals affirmed judgment against Sutton on the statutory claim because R.C. 4123.90 requires that employees file, institute, or purse a workers’ compensation claim before being discharged, which Sutton failed to do. Consequently, the court established that the statute did not cover Sutton. The Second District Court of Appeals reversed judgment against Sutton on the tort claim for wrongful discharge in violation of public policy, deeming Sutton’s discharge as a violation of public policy as established in R.C. 4123.90. The issues of remedies for the…
"If it's not documented in the medical record then it didn't happen". Documentation is required because it can be used as a form of communication in an office between physicians. Every individual record is organized to ensure that medical records are easily accessible for review and available when needed. It is an essential component of quality care…
Ms. Castaneda had stated before she completed a claim for the claimant; the claimant completed a Reasonable Accommodation Request for the ergonomic workstation. She also completed an Employer’s First Report of Occupational Injury or Illness Report. Ms. Castaneda learned from the Employer’s First Report that the claimant had noted that her initial injury occurred on 9-5-2012 that was her first day at work when she was hired for her job at Yamaha Motor Corpo. .…
3. Employment law exists to protect employee's and there employers, for example to stop exploitation on both sides.…
5. Does the patient in this case have a right to refuse treatment? Why or why not?…
7. If surgery was to be performed on the patient without his consent, what type of tort would you classify this action as? (assault, battery, fraud, defamation of character, false imprisonment or invasion of privacy) Why? If surgery would be performed the tort would be battery because actual body harm was done without permission.…
Aiii) Employment law exists to uphold the rights of the employer and their employees and to prevent any exploitation.…
2) Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) Reporting accidents and ill health at work is a legal requirement.…
Rarely any physician intends to harm patients when he or she provides treatment to them. Patients see physicians and specialists in full faith that they will get help with a condition. What complicates the patient-doctor relationship is that the outcome of each patient’s treatment is different because of individual health conditions and the course of treatment chosen by the doctor. Problems arise when a patient is not satisfied with care provided by the doctor or in extreme cases when a patient dies. Since most of the time it is hard to clearly determine whether the outcome was solely a result of the course of treatment chosen by the doctor or whether other factors played a role too, quite often patients take their grievances to court to seek justice. What makes these kind of cases complicated is the “What would have been if…?” scenarios where one can only guess what the outcome of the treatment would have been had a different course of treatment been chosen because the proximate causes of injuries are not easy to determine.…
b) my employers/manager has a responsibilities to see that your working environment is safe and to give me training to make sure I do my work in a safe…
* Health care is a vast ever-changing demand in the United States. Because of that high demand, quality has been a concern for many patients. Each day patients put their health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to file a civil complaint against that provider that caused the injury. Some possible reasons for civil complaints are that personal information for a patient was shared without proper consent, negligence, or assault. These injuries are covered under Tort Law. This essay will identify a civil complaint process that patients may follow in the event of misconduct or incompetence by a provider. The role of the regulatory agencies to investigate the allegations of the misconduct will be discussed along with how they apply disciplinary actions if warranted. Potential criminal liabilities, risk management strategies, quality assurance programs to reduce the risk of liability and the process to follow in the event that charges are filed against a provider will all be identified.…
1.7) State why health, safety and welfare legislation, notices and warning signs are relevant to the occupational area.…
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 – it require employers and others to report accidents and some diseases that arise out of or in connection with work.…
Injury is the third element needed to prove a negligence case. The term injury is not limited to just physical harm but may also be comprised of loss of income or reputation and compensation for pain and suffering. According to Showalter, “it is not enough to prove that a physician failed to meet the standard of care and the patient was injured. A plaintiff must show that the injury was the proximate cause of the negligence” (Showalter, 2008).…
b) State the circumstances in which an employer may be held vicariously liable for the negligence of the employee.…