Darling V. Auguston Community Memorial Hospital Case Summary

Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.

The complete lack of respect for the Hospital, the Hospital’s counsel, this Court, and the Rules of Civil Procedure shown by blatantly ignoring valid discovery requests for more than six months and this Court’s Order for more than two months indicate a willful disregard that require sanctions. Accordingly, the sanctions sought by the Hospital are necessary and are not excessive. Indeed, the Hospital requests that the Court give Defendant one more chance to meet his discovery obligations and comply with an order of this Court before the imposition of a default judgment in the Hospital’s favor.

As an orthopedic surgeon Goodman had worked with a lot of bones over the years. Once he procrastinated draining the infection from a woman’s knee because he was tired. This destroyed the joint in her knee. She later had to visit a different orthopedist who had to fuse her knee solid so she would stop feeling the pain of her bones rubbing together (Page 90, Paragraph 2). Gawande notes that every physician is capable of “dumb, cavalier decisions like Goodman’s.”

Usually, this includes the right to admit and treat patients in the hospital. Because most hospital hire doctors as independent contractor they are generally not liable for the negligence of the independent contractors, however, since the employing entity does not control the means and methods of the work to be accomplished by the independent contractors they may do as they see fit. This situation lends too many strengths and weakness in this case that Amityville can use in their defense of the estate clam. Amityville’s strengths in this case is the hospital had no control over what the physician did or does and it not have the power to limit or suspend the privileges of the doctor. Meaning the hospital gave all the responsibility and the control to the physician so it would be less liable for the doctor’s faults.

For more than two decades, Robert J. Talaska has dedicated his legal career to representing plaintiffs in medical malpractice cases involving birth injury, trauma or wrongful death. Prior to founding the Talaska Law Firm in 1998, Mr. Talaska handled complex or catastrophic medical malpractice cases for families in the greater Houston, Texas, area. Although his current offices are also in Houston, Mr. Talaska represents clients throughout the state of Texas. He is rated AV-Preeminent* by Martindale-Hubbell and is certified by the Texas Board of Legal Specialization in personal injury trial law. After completing his bachelor's degree at Beloit College, Mr. Talaska earned his Juris Doctor from the University of Houston Law Center in 1988.

While it is the responsibility of the health information management (HIM) department to cooperate with law enforcement in the event of a crime, this can still be achieved without a Health Insurance Portability and Accountability Act (HIPAA) breach. HIM department managers must maintain protection of patient privacy when delivering reports to the public. In the case involving Memorial Hermann Health System (MHHS), there were many causes of action the patient had against MHHS. Those include, but are not limited to, invasion of privacy, malpractice, defamation, negligence for improper disclosure and breach of confidentiality.

Summary sentence 1: In the first paragraph of the article by Bernadette Starzee he discusses a bit of information about an osteopathic doctor, Sheldon Yao. He talks about how Yao got into osteopathic medicine. Summary sentence 2: The second paragraph goes more into detail with numbers, how many DO’s compared to MD doctors there are and the differences between the two.

The case of Riser v. American Medical Int’l, Inc. is about a malpractice action brought on by the children of patient Mrs. Riser claiming that their mothers death was a result of a medical error in which death occurred in performing a procedure on the wrong location. The procedure that should have been performed was a bilateral brachial arteriogram and what was alternately performed was a femoral arteriogram. The patient, Mrs. Riser had many previous health issues which included diabetes, end stage renal failure, and arteriosclerosis. She was experiencing decreased circulation in her lower arms and legs therefore she was admitted to the hospital. Her doctor, Dr. Sottiurai had ordered her to have bilateral arteriograms to see what could be the cause of the poor circulation.

There were specific situations that led to the cause of Julie Thao's actions of medication error and the death of Jasmine. The situation could have completely been avoided had Julie followed the code of ethics and avoided shorts to provide proper care for the patient. The state claimed that Thao's mistake was caused by actions, omissions and unapproved shortcuts, however, there were other factors that played a role in her carelessness as well. While failure to comply with procedure has been a factor in the medication administration error, other factors contributed as well. For example, failure to properly use the information system, or to ignore alerts or warnings have also resulted in preventable errors (Nelson, Evan, & Gardener, 2005).

The court found the “Defendant's care of Claimant fell below acceptable standards of practice” (Stashenko, 2015). In 2009 a former inmate of the Hawaii corrections department was awarded close to $1 million in damages for an incident in 2003, in which the physician’s failure to give the correct type and dosage of antibiotic for an infection in his scrotum. This resulted in 6 subsequent surgeries and the removal of his scrotum, rendering him

The case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.

In the case Riser v. American Medical Int'l Inc., Dr. Lang was sued by four siblings for medical malpractice. Their mother at the time was taken to the hospital for impaired circulation in both the arms and legs. She was seen by Dr. Sottiurai who deemed it necessary for her to have a bilateral brachial arteriogram where after talking to her and her family was able to get a consent for the procedure. Not having the capable means to perform the procedure Dr. Sottiurai had her transferred to another hospital and placed her under the care of Dr. Lang. Once there Dr. Lang performed the procedure, but instead of doing the consented procedure he ended up doing a femoral arteriogram that later led to the patient having a seizure and dying.

It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.

In the ethics case Darling v. Charleston Community Memorial Hospital “the patient in question sustained a fractured leg during a football game and was taken to Charleston Community Memorial Hospital for treatment (Rose 121). This patient ended up having his leg amputated due to complications that arose from a bad casting. During this historical Illinois Supreme Court case ethics were broken and someone lost their leg. The person or group who failed to act ethically would have been the physician and the nurses who cared for him. Why would he have to have his leg removed if they didn’t do it right the first time?

Multiple nurses were involved in the care of Ms. Gadner. Ms. Gadner died due to treatable shock. Due to substandard care received by Ms. Gadner, there is potential cause for her estate to sue. In this case study, the details of care provided, possible defendants, legal theories