Ethics and Medical Malpractice Cases

Book Report Instructions:

All the answer should be from these textbooks.
Textbooks :
1. Hurley v. Eddingfield Click for more options
2. Reynolds v. Decatur Memorial Hospital Click for more options
3. Diggs v. Arizona Cardiologists, Ltd. Click for more options
4. Tierney v. University of Michigan Regents Click for more options
5. Reed v. Bojarski Click for more options
6. Estrada v. Mijares Click for more options
***** you have an accurate understanding of the key points in the readings. Answers to these questions can be any length. Your goal should be to accurately state the relevant points of law as concisely as possible. ******
TQ 1.1: Hurley v. Eddingfield: What did the court mean when it said, “The Act is a preventive, not a compulsive, measure”?
TQ 1.2: Reynolds v. Decatur Memorial Hospital: Why did the court conclude that the defendant did not owe a duty of care to the plaintiff? Why didn’t it matter that the defendant may have violated the Decatur Hospital rules?
TQ 1.3: Diggs v. Arizona Cardiologists, Ltd.: What standard did the court adopt for determining when a consultation creates a physician-patient relationship? Is the court’s approach in Diggs consistent with the court’s approach in Reynolds?
TQ 1.4: Tierney v. University of Michigan Regents: What is “abandonment”? Does the court’s opinion mean that a doctor does not have the right to terminate a physician-patient relationship in response to the fact that the patient has brought a lawsuit against the doctor’s colleague?
TQ 1.5: Reed v. Bojarski: How would courts in most American states have resolved the plaintiff’s claim in Reed? In what way does New Jersey’s approach to the case differ from the majority approach?
TQ 1.6: Estrada v. Mijares: Why did the court conclude that the actions Nurse Practitioner Mijares took on behalf of Mr. Estrada were not sufficient to establish a nurse-patient relationship? How did the court distinguish the Lunsford case, in which the court held that a nurse’s duty of care does not depend on whether the “ailing person” is a patient of the hospital or the on-duty physician?
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Original responses to these questions must be posted by Tuesday at 11:59PM. Original responses must be at least 250 words and must incorporate concepts from the lectures and assigned readings.
DQ 1.1: In a study published in the Journal of the American Medical Association, 70 percent of primary care physicians and 68 percent of subspecialists reported that they participated in at least one informal consult in a week, usually a brief hallway chat or telephone conversation. Consults most often entailed which diagnostic testing should be obtained or treatment initiated for a patient. The subspecialists most often consulted were cardiologists, gastroenterologists and infectious disease specialists. What are the liability risks associated with these “curbside consultations”? What steps would you suggest providers follow in order to minimize those risks?
DQ 1.2: Janet suffers from a variety of pain-producing illnesses, including migraines, fibromyalgia, and low back pain. To deal with the pain, she takes several narcotic medications, sometimes in amounts that exceed her physician’s recommendation. Recently, she began calling her primary care physician, Dr. Henry, for early refills of her prescriptions. Each time she offered a different explanation: her prescription had been lost or stolen, she dropped her bottle of pills in the toilet, etc. On the last such call, Dr. Henry refused to speak with her and instructed his receptionist to tell her that she needed to find another physician. Janet called several other local providers but was unable to find anyone to see her. A few days later, she was rushed to the emergency room in excruciating pain. After she was stabilized, she brought a lawsuit for abandonment against Dr. Henry. What is the likelihood that she will prevail on her claim? If you had been in a position to advise Dr. Henry before his last phone call with Janet, how would you have suggested he proceed

Book Report Sample Content Preview:

Subject Area Creative Writing
Students Names
Institutional Affiliation
Course Name and Number
Professors Name
Date
Subject Area Creative Writing
TQ1.1 Hurley v. Eddingfield
The act has two key points from which it is understood. The act being preventive means that it regulates the field of medical practice in a design to prevent any form of discrepancy that arises due to poor qualifications and practicing without a license. It simply gives regulation in the medical field that no one should practice as a physician without going through qualification training and certification by the board. The act, therefore, does become compulsive in any manner, which means that it doesn’t give the qualified physician additional regulations about how they should practice and the terms in which they engage as physicians. That is why it proceeds to highlight that after qualification, the state does not engage in any form of professional engagement that the physician partakes in and does not regulate the terms in which they operate. Thus allowing them to practice only on a term that is acceptable; It implies that any cases that could arise, such as a physician refusing to attend to a client, do fall beside the mark of the act and do not affect the license of the qualified.
TQ1.2 Reynolds v. Decatur Memorial Hospital
In any negligence action for medical practice, the relation between the defendant and the plaintiff must be bounded by a duty owed to the plaintiff by the defendant. In this case, it becomes easier to sue and charge the physician with breach of duty because injury or any form of damages prevailed because of their negligence. In the case that involves Reynolds and Decatur hospital, it is clear that there is no direct relationship between the defendant and the plaintiff. There is no direct physician-patient relationship; therefore, no duty was held to the plaintiff by Dr. Fulbright. Another reason for the ruling is that the patient-physician relationship has to be consensual where the patient knowingly seeks assistance and the physician knowingly takes the responsibility. The consensual relationship can be through calling on behalf, but the plaintiff did not charge any fee or perform any test. A physician giving informal information is not responsible for owing patient care duty. It didn’t matter violating Decatur hospital rules because they did not require a physician to enter into a patient-physician relationship whose treating physician made an informal inquiry.
TQ 1.3 Tierney v. University of Michigan Regents
The court concluded that the defendant did not owe any duty of care to the deceased and the plaintiff because there was no express or implied patient-physician relationship between Dr valued as the deceased. The discussion between Dr. Valdez and Dr. Johnson s to render advice on diagnosis and treatments did not create a duty for Dr. Valdez to Ms. Diggs. The consultation was informal and did not give rise to a duty of care. The case is similar to Reynolds's case, where the phone call made was informal. In both cases, the physicians consulted did not establish any patient-physician relationships; hence not a duty owed. There is no formal exchange between the consulting medical officers in...

Updated on January 26, 2024

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Ethics and Medical Malpractice Cases

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