Question

Ms. Gadner was driving her car on the highway when another car driven by Mr. Sneed passed her, sideswiped her, ran her off the road, and drove off. She caught up with Mr. Sneed and forced him to stop. She got out of the car and started to walk to his car when he drove away. When she was walking back to her car, Mr. Otis struck her with his vehicle. Gadner was transported to Bay Hospital, a small rural hospital, where Dr. D, a second year pediatric resident, was the attending emergency room physician.

Upon arriving at Bay, Gadner's skin was cool and clammy and her blood pressure was 95/55, indicative of shock. Gadner received 200 cc's per hour of fluid and was x-rayed. She actively requested a transfer because of vaginal bleeding. Nurse Gilbert voiced her own concerns about the need for a transfer to the other nurses in the emergency room, but not to Dr. D. Dr. D did not order a transfer.

Bay is a rural hospital and is not equipped to handle trauma patients with multiple injuries like Gadner. Bay had no protocol or procedure for making transfers to larger hospitals. Bay breached its own credentialing procedures in hiring a physician who lacked the necessary training, expertise, or demonstrated competence to work the emergency room. Dr. Moon, the hospital's chief of staff, had screened Dr. D, but a proper evaluation was not performed before he was hired. A second year pediatric resident is not normally assigned to an emergency room setting, because they lack enough experience to handle true emergency cases.

The nurses failed to notice that Gadner was in shock and this failure was substandard. After they initially noted that she arrived with cool and clammy skin and a blood pressure of 95/55, they did not advise Dr. D that the patient was likely in shock; they failed to place her on IV fluids, elevate her feet above her head and give oxygen as needed. Dr. D ordered the administration of 500 cc's of fluid per hour, but Gadner received only about 200 cc's per hour because the IV infiltrated, delivering the fluid to the surrounding tissue instead of the vein. The nursing staff normally would discover infiltration and correct it. Scanty nurse's notes reveal that vital signs were not taken regularly, depriving Dr. D of critical and ongoing information about Gadner's condition.

Nurse Gilbert administered Valium and morphine to Gadner, following Dr. D's orders, a mixture of drugs counter-indicated for a patient with symptoms of shock. Nurse Gilbert did not notice or protest. Three hours after arriving at Bay, Gadner "coded" and Dr. D tried unsuccessfully to revive her. After she "coded,” Dr. D attempted to use the laryngoscope, following standard practice, but the one provided was broken. He then ordered epinephrine, but there was none available in the emergency room. A coroner performed an autopsy and it was determined that Gadner died of treatable shock.

1. Specify which of the potential defendants have possible legal liability to Ms. Gadner's estate by stating the legal theories of liability (ex: corporate negligence). Describe the person/entity's actions from the facts which create that liability under the legal theory you have identified (ex: breach of credentialing procedures in hiring).

Answer 1

1.

One major area within health care law is MEDICAL MALPRACTICE, which is professional misconduct or lack of skill in providing medical treatment or services. The victims of medical malpractice seek compensation for their physical or emotional injuries, or both, through a NEGLIGENCE action.a defendent physician may be liable for medical practice. If the physician breached the accepted standard of medical care in the treatment which the patient suffered from injury for which he compensated., and that thehe physician's violation of the care is the cause of injury. The legal theory of respondeat superior holds an employer liable for the negligent acts of an employee who acts within the scope of employment. Here the Dr. D, nurse, Dr. Moon all are responsible for the death ofms. Gadner. Because Dr. D done malpractice. He is not that much experienced in the emergency department for handling trauma patients. Then also he didn't refer the patient or didn't seek any help from the higher authority. Dr. Moon did a mistake that he should not suppose to do, a pediatric physician (not skilled/experienced)to the emergency department for duty. The nurse also done negligence in her care.

Medical malpractice lawsuits usually arise from injuries suffered by a patient in the course of a doctor-patient relationship.the primary legal theory under which the party whi has directly invoving the medical treatment can be liable for medical practice.here Mr.moon is also liable for that.This doctrine holds employers liable for the wrongful acts of an employee, if the employee was acting in the course of his employment and operating under the control of the employer.and also inA federal law, the Emergency Medical Treatment and Active Labor Act, or “EMTALA,” requires hospitals that accept Medicare payments to treat anyone seeking medical attention, regardless of citizenship, legal status or ability to pay. Specifically, hospitals must provide appropriate medical screening and stabilize any person suffering from an emergency medical condition. The hospital may not discharge or transfer the patient until she’s stabilized unless the transfer is necessary to provide better treatment.here the facilities for a trauma care is not available there.then also he didn't transfer the patient this iss also violation of the law.