Question

Please read Problem 11.1 Ms. Joan Grant on pages 273-274 and answer the questions at the end of the problem. What claims could be asserted against Community by Ms. Grant's estate?

Answer 1

According to the given case study Ms. Grant's estate file a case against medical negligence and in this case it was clear, Ms Jones could have paid for a CT scan, as the nurse did not even bother to ask for the permission, it was a direct negligence of duty.

$\rightarrow$ CT scan would have taken place, insurance or not. (Claim is valid)

$\rightarrow$ Permission was not even sought for paying for CT scan, seeing it as an emergency (Claim is valid)

$\rightarrow$ CT scan would not have shown the problem, but then the next course of action could have been possible, which was not even initiated. (Medium possible of success)

$\rightarrow$ Without any diagnosis, she was discharged from emergency care (Claim is valid)

Hospitals are liable for Medical Negligence, when a patient is receiving medical treatment under their facility and staff. While the hospital outsources the emergency staff by contracting VEPPA, the nurses do come under hospital staff. Also, the hospital's staffing policy does not completely shield it from being sued for Medical Negligence, because based the contractors should have followed medical protocol and should have followed through with the CAT SCAN. Even though the disease could not be detected by CAT scan, it would have given doctors the conclusion or open them up to the possibility of diseases that could not be detected by the CAT scan. Hospitals are liable for employee actions even if the Doctor was a contractor. The fact is that the hospital should have established better controls and training in order to communicate protocols, procedures and methods of communication where the hospital chief medical officer would be kept in loop about the actions of the contractor.

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