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Healthcare Law - 2

Final Exam Law Ch 1 - Ch 14

Tomick v. Ohio Department of Rehabilitation & Correction Negligence. Cursory breast exam and delay in treatment did not meet the standard of care & were the proximate cause of the plaintiff’s loss of her right breast from cancer surgery.
Caruso v. Pine Manor Nursing Center Resident suffered dehydration due to the nursing facility’s treatment. The proximate cause of the resident’s dehydration was the nursing facility’s failure to provide proper nourishment. (Foreseeability)
Chowdhry v. North Las Vegas Hospital Claims of defamation and infliction of emotional distress were dismissed because respondents made statements to hospital personnel & other interest parties that reasonably reported Chowdhry’s refusal to treat patient at the hospital. (Slander)
State v. Houle Abuse of stroke patients. LPN slapped patient’s legs and shackled his wrists and ankles to his bed Court allowed the prior testimony of the patient and others that the LPN’s actions were abusive and caused physical and emotional pain. (Emotional Distress)
People v. Diaz Nurse injects patients with Lidocaine. Nurse injusts numerious patients with massive doses of Lidocaine resulting in several deaths. Nurse was found guility of 12 counts of murder and was sentenced to death. (Murder)
Harvey v. Strickland A Jehovah’s Witness, signed a refusal to have blood or products given to him in anticipation of surgery. His mother consented to his receiving of blood. He sued for beach of contract.
Dutta v. St. Francis Reg’l Med. Ctr. Breach of employment contract, based on ambiguous words in the contract.
Dominy v. National Emergency Services Exclusive contracts. Court of appeals upheld a noncompete clause because it was only limited to the city where the hospital was located.
Oltz v. St. Peter’s Community Hospital Contract violates antitrust laws. Hospital and physician conspiracy destroyed a nurse anesthetist’s practice.
JB v. Sacred Heart Hospital of Pensacola Inappropriate transfer of a patient was the cause of injury. Brother contracted AIDS as a transporter between hospitals. Not told that brother’s diagnosis was changed from Lyme disease to AIDS. Inappropriate transfer of a patient.
Seavers v. Methodist Medical Center of Oak Ridge Res ipsa loquitor applicable as the plaintiff was under the exclusive control of the medical center’s ICU.
Deal v. Kearney Good Samaritan Statute. Good smaratian statute does not extend immunity to a physician with a preexisting duty to provide emergency care.
AAMC v. Condon Release of the agent (pathologist) released the medical center as a matter of law (vicarious liability for failure to diagnose breast cancer).
Hoffman v. Moore Reg’l Hospital, Inc. Hospital not liable for negligence of radiologist under a theory of respondeat superior (member of a contract radiology group, not employee, no control, did not affect the patient treatment decision).
Powell V Margileth Timely diagnosis—Physician treated patient for cat scratch and later diagnosed with cancer and died three years later.
Williams V Kilgore Foreign objects left in patient—Needle fragment. Suit was not time barred by statute of limitations based on when the patient had reasonable knowledge of the injury.
Adams V Kruegar NP’s negligence imputed to physician for incorrect diagnosis and treatment plan and for failure to review NP’s plan.
NKC Hospitals., Inc V Anthony Failure to question discharge—Hospitals negligence to have patient examined instead sending her home in pain. Pain and suffering was awarded.
Schopp V Our Lady of the Lake Hospital Patient fell at home and eventually taken to hospital. Death caused by dropping an x-ray cassette on head while undergoing x ray. Negligent handling of equipment.
Lane V St. Josephs’ Regional Medical Center Patient in waiting room attacked by a teenage boy and patient’s son-in-law helped her by knocking boy to floor. Hospital was not held liable because the attack was unexpected and no evidence pointed to a foreseeable action.
Moskovitz V Mount Sinai Medical Center Medical records case—Physician alteration of patient’s record supported punitive damages; shows malice on physician’s part (falsification of records)
Mathias V St. Catherine’s Hospital Duty to inform rests with the physician and NOT the hospital. Tubal ligation after a C-section W/OUT INFORMED CONSENT!
Greynolds V Kurman Spousal consent--Patient was not capable of giving consent and physician should have sought consent from the next of kin (wife)
Created by: Rjc2gud4u