Question

Use resources (APA style) and provide links and citations (in-text) and references. Think of yourself as both a lawyer and nurse that is reporting to the hospital's CEO.  

Structure:

Please start Part ci, c ii and beyond, but include a and b as well -- parts must be included. Thanks.

a.   Identify the main issue in the case.

i.   Phrase the issue of the case in the form of one or two brief statements.

b.   What are the facts of the case?

i.   These should be summarized in clear, concise, and chronological statements. Only the major facts, important to the issues in the case, should be included.

c.   Were the 2 basic guiding principal obligations of EMTALA breached?

i.   Explain each guiding principal and the required obligation(s) to the patient.

ii.   Apply the facts of the case to the 2 basics guiding principal obligations of EMTALA, and describe in detail how the obligations were upheld or breached.

d.   Assume that the patient has a valid medical malpractice claim. What would the basis of the claim be?i.   What elements must be proven for the patient to prevail on a medical malpractice claim (negligence claim)?

1.   Apply the facts of the case to the elements required for the plaintiff to prevail.

2.   What defense could the defendant(s) have to the plaintiff’s medical malpractice claim?

e.   What penalties may the defendants in the case be subject to if a violation of EMTALA is found?

f.   What damages may be awarded to the patient if she prevails on a medical malpractice claim?

Answer 1

a

i.Here actually the patient came with complaints of pain in the left hip,left abdomen and the legs and also during the admission patient compalints that there is a pop when she attempted to lance the boil in her face before a week and she presents shivering and chills during the admission but the emergency doctors and nurses were not given priority to her seeded infection or her septic nature thay had given only priority to the pain in the hip,leg and abdomen and results in the breach of duty by inproper history collection,inproper hand over to the next shift staff and inproper diagnosis of disease and managenent and discharge with out proper diagnosis.

b.Here patient has got admitted with the complaints of pain in the hip,abdomen and the painover the legs.Her vitals are stable during her admission,but she presents chills and shivering and she complaints that she has reported regarding a boil in her face while she tried to pop-up in her her face earlier week.But any of the doctors or the attended nurses were not recorded regarding this and will not give any hand over to the next staff regarding her boil in her face.All doctors gave priority in diagnosing the pain in the hip,abdomen and back by X-ray and motor examination and every thing was normal.No one were prescribed regarding any of th blood or urine test..Atlast one of the doctor ordered a urinalysis and did neurological examination and reveals the pain is in localized nature and before the reports come he gave discharge for her by prescribing anti-inflammatory and pain medications and as well to instruct to avoid bearing weight on her left leg.On the following day of her discharge she again readmitted in the same hospitalwith same complaints and her vitals was not stable she gone to a stage of critical stage with sepsis and shock.The orthopedic surgeon rule out that her condition is not orthopedic in nature but also septic in nature and start her with high dose of antibiotics and amputated her leg below the knee,and circulatory problem arise,lost her sight of one eye and developed a severe lung damage due the effects of high dose medicines.After several months of hospitalization her condition was not critical.But she is on supplemental oxygenation because of lung damage.She is tranfered to a rehab facility where she stayed as inpatient for 6 months and she recovers her strength and learn walk with the use of prosthesis.

c

i.

*Proper history collection and physical examination

*Early and proper diagnosis

*proper handing over of patient

*Early initiation of proper treatment

*Proper discharge at time with out any complications

*Counsel regarding the importance of follow ups

ii.

*Not appropriate history collection where no one has given importance to her presented problem that she reported her boiling in her cheek after she tried to pop and as well as during admission she presented shivering and chills.No doctors were prescribed regarding any of blood or urine test and given priority to rule out the cause of hip,abdomen and leg pain

*During the admission she reported her boiling on her chhek and as well as she presents chills and shivering,no staff were given notations regarding her problems and no one given hand over this problem to the next shift staff and the staff noted in the flow chart regarding the notation that she is unemployed and uninsured.

d.

i

Surely the patient can go for a malpractice claim,why because during the initial admission the staff who cared and taken the history collection and physical examination ignores the patient subjective problems that she has having boiling in her cheek and as well as ignores that during her admission she presents shivering and chills,thus in the readmission due to the improper diagnosis of the initial admission the patient goes to the stage of a severe critical septic condition in readmission.

1.The plantiff is otherwise called as defendent where who substantially prevails againist the other party.Here if a written compromise is not accepted by the either party the other party within 30 days after receipt and the party is not accepting such offres fails to obtain a more favourable judgement.Here the non accepting party shall not be entitled to recover her cost of suit and reasonable attorney's fees and the cost incurred by the offering party.

2.*Hire expert witness

*jury

*make an opening statement

*cross-examine the plantiff's witness

*testify a trial

*deliver a closing argument

*wait for verdict

*file a motion to reduce damages

e.Here in this case,if a violation is found from EMTALA by the court, a civil/financial penalty may be given to the defendent/plantiff.

f.The average payout for a financialpenalty in this case is average payout for a verdict or a settlement in a medical malpractice claim nationally is approximately $242,000