StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Medical Malpractice in the Death of Mrs. Hoover - Case Study Example

Comments (0) Cite this document
Summary
In the case of Trudy Hoover, an incident of medical malpractice has occurred that may have contributed to circumstances that brought her to her untimely death. To sum up the situation, Mary Smith, a Medical Assistant for Dr. Jones, ordered pain medications for Hoover as a Medical Assistant for Dr…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
Medical Malpractice in the Death of Mrs. Hoover
Read TextPreview

Extract of sample "Medical Malpractice in the Death of Mrs. Hoover"

Download file to see previous pages In order for it to be considered a criminal case, the defendant's actions must be considered to be so grossly negligent that it was with willful and malicious intent that they committed the act that lead them to trial. Specifically, ""That degree of negligence or carelessness which is denominated as gross, and which constitutes such a departure from what would be the conduct of an ordinarily careful and prudent manas to furnish evidence of that indifference to consequences which in some offenses takes the place of criminal intent."24 or "Negligence, to be criminal, must be reckless and wanton (Monico 1)".
The type of tort that is appropriate for this case is malpractice. This is clearly a case of malpractice because the defendant acted outside her Scope of Practice. According to the Federation of State Medical Boards, "Scope of practice define s those health care services a physician or other health care practitioner is authorized to perform by virtue of professional license, registration, or certification. Health care professionals' scopes of practice sometimes overlap reflecting shared competencies (Federation of State Medical Boards, 2005)". As a Medical Assistant, Smith acted outside her scope of practice as a Medical Assistant as defined by her State's laws and medical direction. A Medical Assistant may only order, obtain and provide medications with a Doctor's Written Orders (Buppert 1).
In order to have avoided this situation completely, Smith could have chosen to remain within her scope of practice as a Medical Assistant. Smith could have advised Hoover to seek the care of another medical professional, or, if necessary, call for an ambulance or report to a hospital emergency room. Due to the fact that Hoover was in so much pain, Smith could have contacted an ambulance or a hospital for Hoover so that she could receive immediate medical care.
The Doctrine of Respondeat Superior dictates that Dr. Jones can be held liable in this situation. Specifically, Respondeat Superior can be used when "it is determined that the medical provider exercised control over the negligent provider's means and methods of work (Regan 1)". As Smith's superior, Dr. Jones worked closely with Smith close enough to the point where she knew the exact medication that his patients receive. Dr. Jones is explicitly responsible for the actions of his employees and the occurrences within his office, and probably has multiple forms of insurance for situations like this. However, Respondeat Superior can prevail in this case because Smith ordered the prescription as if Dr. Jones had ordered it, leading the patient to believe that she was truly being prescribed this medication by her doctor.
The Good Samaritan Law may not apply in this case. In general, the Good Samaritan Law's intent is to release the legal liability of an average person, including licensed medical professionals, who provide emergency care to a person experiencing a sudden medical emergency. The only exceptions to this case are actions that are considered to be criminal or grossly negligent. The Good Samaritan Law also does not change the scope of practice for those people who are performing as, or have identified themselves as, a medical professional while rendering emergency medical care. To cite the State of Georgia's Good Samaritan Law, "Nothing in this Code section shall be ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Medical Malpractice in the Death of Mrs. Hoover Case Study”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1530626-medical-malpractice-in-the-death-of-mrs-hoover
(Medical Malpractice in the Death of Mrs. Hoover Case Study)
https://studentshare.org/miscellaneous/1530626-medical-malpractice-in-the-death-of-mrs-hoover.
“Medical Malpractice in the Death of Mrs. Hoover Case Study”, n.d. https://studentshare.org/miscellaneous/1530626-medical-malpractice-in-the-death-of-mrs-hoover.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Medical Malpractice in the Death of Mrs. Hoover

Medical Malpractice

... administrations. All of these errors had resulted in an overdose and eventually led to the death of Jackson. Dr. Murray could have opted for a different approach of treating Jackson. He consulted other doctors and kept proper records of the medications provided to Jackson. Also, he could have used other drugs which did not require strict monitoring. These measures could have saved him from conviction (Medina; Ryan & Kim). Dr. Mark Weinberger serves as another example and multiple malpractice medical law suits were filed against him. Weinberger claimed that he was “The Nose Doctor” and he carried out surgical procedures that were not required by the patients. These procedures did not provide relief to the patients but they rather worsened...
4 Pages(1000 words)Research Paper

Medical Malpractice

... case. Medical Malpractice Case Law - An Analysis The selected case The litigation ruling under review pertains to the case of SHEILA WEBB versus TULANE MEDICAL CENTER HOSPITAL AND ABE ANDES, M.D. which underwent a full-blown trial. The decision of the trial court was raised on appeal to the COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT. The identity of the plaintiff and of the defendants and the jurisdictional matters The plaintiff, Sheila Webb, instituted the action in connection with the death of her son, Rodney Comeaux, the alleged victim of the medical malpractice. The main ground of the suit she filed was the negligence of the attending medical doctors and of the hospital appurtenant to the duty of the latter...
8 Pages(2000 words)Case Study

Medical Malpractice

Because we conclude that it is, we reverse and remand.
A certain Doris Penrod filed an appeal to the court from a take nothing judgment in favor of David R. Schecter based from a medical malpractice claim. It was in August 2003 that she took her grandmother to a cataract surgery with Dr. Schecter. During the injection process, a small retrobullar hemorrhage occurred that can potentially cause damage to the optic nerve, if there is continued bleeding. After 15 minutes of observation, the RBH did not change; also, there were no swellings in the eyelids, no proptosis and eye discoloration. However, despite these, the surgery was cancelled to prevent any further complications. An eye patch was placed on the observed eye and the pa...
4 Pages(1000 words)Case Study

D.H. Lawrence and Other Views on Death - How They May Help Us Deal with Death in Context to Healthcare

Lawrence graduated from University College, Nottingham in 1908, devoted himself for a time to teaching at a boy’s school, but not long after, decided to quit teaching and spend his time at freelance writing instead. In March of 1912, he met and fell in love with a married woman, Frieda Weekley, nee Richthofen; then six weeks later eloped with her to the Continent.

Frieda was a sister of the famous German World War I flying ace and wife of Lawrence’s French professor at Nottingham. This elopement marked the start of Lawrence’s lifetime war with existent moral standards as well as the beginning of a continuous wanderlust prompted by Tuberculosis which induced him to seek warmer and more healthful climes....
9 Pages(2250 words)Essay

Dreams in Arthur Millers Death of a Salesman

From the play’s dialogues and descriptions, the reader sees that the Loman knows the weakness of believing in half-truths about the circumstances but they choose to continue on the wrong paths. Willy, the head of the family, is not a good leader as he leads his family into believing that the road to success is based on a set of ideas that do not work in his American society. For example, he thinks that Biff should not be made to study because having spirit and personality is more important than being a ‘worm’ (bookworm). He condones his sons’ theft of property, cheating at examinations and other wrongs. The Loman sons, Biff and Happy, discuss how Willy has had a few car accidents because he had difficulty c...
6 Pages(1500 words)Essay

The Controversies in the Death Penalty in the US

In 2003 Amnesty reported 1,146 executions in 28 countries, 88% of them in just 5 countries: The People’s Republic of China 726, Iran 108, the U.S. 65, Vietnam 64, and Saudi Arabia 52 (Netipedia.com, 2006). The U.S. went on to carry out 59 executions in 2004, 60 in 2005, 53 in 2006 and 11 until March 2007 (Death Penalty Information Center, 2007). Today, the death penalty has been abolished in the vast majority of democracies in Europe and Latin America, while it is still retained in most democracies in Asia and Africa, the U.S., Guatemala, and the countries of the Caribbean (Netipedia.com, 2006).

As on April 2, 2007, there were 38 states in the U.S. with the death penalty and 12 without. Between 1976 and 2007 there...
14 Pages(3500 words)Case Study

Mrs. Doubtfire: Analysis of the Film Using Bergsons Essay on Laughter

The story of the movie is rather unusual however it has been well accepted by the public in all countries globally; the success of the film can lead to the development of specific assumptions regarding the quality of comedies produced the last years as well as the characteristics of successful comedies (based on the elements of the film that have been considered as the most successful regarding the laughter caused to the audience). 


In order to understand the potential use of the work of Bergson to the explanation of the sense of ‘comic’ as developed through the particular book, it is necessary to refer primarily to the general characteristics of ‘comic’ as described by Bergson. The ab...
10 Pages(2500 words)Movie Review

Medical Radiographic Technique for Dealing with the Pediatric Patients

This poses a challenge in pediatric radiographic investigations. Obtaining quality radiographs on pediatric patients can be a challenge. Minimizing radiation dose in pediatric imaging is a crucial issue that has been emphasized and reemphasized in recent years1.
Diagnostic radiation overexposure can cause radiation skin reactions and acute radiation sickness. It can also lead to systemic reactions that may lead to disturbances of normal functional processes, such as, radiation pneumonitis. It is known to have carcinogenic effects and genetic effects2. However, it is also to be considered that the dose required to produce genetic or carcinogenic effects are virtually precluded by modern radiographic apparatus and special techn...
13 Pages(3250 words)Assignment

Law Studies: Disposition after the Death

One of the first things that Abelard needs to do is to make sure his wishes are expressed in his will. He may also want to name a close and trustworthy friend to be the executor of his will such that that individual may interview the children of Abelard at the time of his death in order to make a subjective judgment as to whether the children are in fact followers of the Christian faith or if they are only claiming to be. In the event that the children have deceased, then Abelard’s furniture is to go to a museum that may also be executed by Abelard’s chosen executor. In addition to naming the executor, it is critical that Abelard ensure that communication regarding his exact intentions is in detail, within the will and...
7 Pages(1750 words)Assignment

Death Penalty: Does it Serve as a Deterrent to Future Crime

Animal instincts are directed towards self-preservation and it is the law of nature that a stronger and healthier individual has more chances of living than his weaker counterpart. The survival of the fittest has now been established as a ground reality according to Darwinian philosophy. If we eliminate our civilized thought process, it emerges as a stark reality that we would not desist from attacking another living person or animal when we are overcome by the basic needs of food, shelter, and clothing. In times of natural disasters like earthquakes, wars and floods, and manmade disasters like war, it is not uncommon to witness ravaged populations shedding the façade of civilization and resorting to violence in order to fu...
9 Pages(2250 words)Case Study

Death of a Salesmen: Tragedy or Not

The diversity of the issues that have been subtly raised in his work and the way each of them has been treated in his various works have helped the author achieve the literary acclaim that he rightly deserves. The author has succinctly shown through the protagonist of the novel, Willy Loman, that the life is not a bed of roses but fraught with tragedies that force one to realize that mortality and pain are part and parcel of life It is a sensitively written play that depicts the dual nature of the life of a common man. While the play can be treated as a tragedy in the context of modern literature, some critics have contested the same under Aristotle’s interpretation of tragedy. 

Aristotle in 330BC had defined...
6 Pages(1500 words)Essay

The Legalization of Medical Cannabis

The federal government, through the 2009’s Controlled Substances Act, makes the use of marijuana a criminal offense. However, various states, such as Arizona, Colorado, and California, have legalized the use of cannabis for therapeutic purposes. This paper presents an argument that marijuana should be made legal for its therapeutic uses.
The legalization of medical cannabis is justified because of the positive therapeutic effects of the drug. Proponents of the legalization of medical cannabis argue that if marijuana is made illegal, patients will not be able to access and use it for the relief of their symptoms (Gwynne 29). Marijuana has been reported to be a safe drug for the treatment of various conditions. The drug a...
6 Pages(1500 words)Case Study

The Theme of Death in Shakespeares Hamlet

The play goes ahead to question whether kings do possess a heaven’s free pass. The theme of death in Shakespeare’s Hamlet, therefore, has an influence on the lives of living human beings (Bloom 45).
In Hamlet’s mind, the idea of death did not seem awful. However, despite the fact that he became obsessed with the notion, the afterlife uncertainty frightened Hamlet from committing suicide. Hamlet’s turning point took place at the scene of the graveyard in the fifth act of the play. It was before Hamlet became revolted and shocked by the living’s moral corruption. However, when he saw the skull of Yorick whom he loved and respected propelling, he realized that death does eliminate the differences th...
8 Pages(2000 words)Literature review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Medical Malpractice in the Death of Mrs. Hoover for FREE!

Contact Us