LEGAL ISSUES IN WOUND CARE

Size: px
Start display at page:

Download "LEGAL ISSUES IN WOUND CARE"

Transcription

1 LEGAL ISSUES IN WOUND CARE Contents Litigation Standards of Care for Wound Care Practice Negligence Malpractice Medical Records Documentation Plaintiff Complaint Defendant Fraud Tort Contract Lawsuit Expert Witness

2 Today, patients are better educated and more aware of healthcare issues than ever before. However, according to the Harvard Medical Practice Study, it is estimated that more than 98,000 deaths occur each year from medical mistakes. In fact, up to 3.7 percent of hospitalized patients are either injured or die from a medical mistake. The primary situations cited for malpractice include communication with the physician regarding the patient s change in condition and administering medication. Other problem areas include failure to: perform a nursing intervention or procedure correctly, assess the patient systematically, provide a safe environment, obtain help for a patient receiving inadequate physician care, use equipment and products properly, and prevent infection. The areas of practice most at risk for nursing negligence are: Emergency department Operating room Medical and surgical units Newborn nursery and pediatrics Labor and delivery The overall cost of medical errors must be understood. Consider the following costs, both direct and indirect: 1. The dollar amount that can be determined for the event or events that surround a medical error. 2. The lost opportunity that occurs when a patient must remain in the hospital longer as a result of an error and occupies a bed that could have been used for another patient. 3. The patient may experience a loss of income related to their condition as well as a physical disability. 4. The loss of trust in the hospital that the patient and family may experience. Clearly, the cost of medical errors far exceeds the direct costs experienced by the patient and the hospital. Therefore, it is in the best interest of all parties involved to avoid medical errors. 2

3 Litigation Civil litigation refers to a dispute citizens have with one another, whereas criminal litigation refers to the government or state prosecuting an individual for violating a law. Medical malpractice is in the civil litigation category. If an individual believes they have been wronged by a person or institution, they may consult with an attorney. Typically, an attorney will investigate to determine if the person has a legitimate case. Medical records and other information may be obtained. If they decide to go forward, a complaint is filed. The complaint is the legal paper that identifies the claims the plaintiff has made, as well as the basis of the jurisdiction of the court and the theories behind the claims. The complaint may also include the amount of damages. Once the complaint is filed, the defendant must answer within a given period of time. The defendant may also include claims against the plaintiff. The complaint and the answer combined constitute the formal lawsuit. Once the lawsuit is underway, additional activities such as discovery may occur. Discovery is the process by which both sides learn about each other, including the incidents leading up to the lawsuit, background information, depositions (pretrial testimony from a party), medical records, and expert testimony. In medical malpractice cases, the plaintiff must prove that there was a deviation from the standards for wound care practice. Standards of Care for Wound Care Practice Standards for wound care practice are derived from several agencies including the Agency for Healthcare Research and Quality (AHRQ), the American Nurses Association (ANA) Standards of Clinical Nursing Practice, the American Medical Directors Association (AMDA), the National Pressure Ulcer Advisory Panel (NPUAP), and Centers for Medicare & Medicaid Services (CMS) as well as individual state nurse practice acts. Replacing the American Hospital Association s (AHA's) Patients' Bill of Rights, The Patient Care Partnership informs patients about what they should expect during their hospital 3

4 stay with regard to their rights and responsibilities. The patient can expect high quality hospital care; a clean and safe environment; involvement in their care; protection of their privacy; discharge planning; and help with their bill and filing insurance claims. Negligence DID YOU KNOW Negligence is conduct which falls below the professional standard of due care. Negligence is considered a form of malpractice, or conduct which falls below the professional standard of due care. It is also considered a standard minimum of special knowledge and ability. Malpractice Medical malpractice may have occurred if all four of the following criteria are met: 1. A duty must be established with the patient. The clinician accepts accountability for the care and treatment of the patient because the patient relies on the clinician s knowledge, expertise and skill in treatment. 2. A breach of duty or standard of care must have occurred if there has been a breach of duty or an act of negligence that resulted in the patient s harm. 3. Injury causally related to a breach of duty must be established. In other words, the breach of duty is considered the proximate cause. Without the breach of duty, the injury would not have occurred. 4. Damages or injuries to the patient as a result of the negligence must be evident. Damage includes disability, prolonged or severe pain, and even death. 4

5 Medical Malpractice A Case of Negligence A patient is admitted to the hospital to have his gallbladder removed. The hospital has a written sponge count policy that the surgical nurses are obligated to follow. It is clearly the standard of care in the industry to have a sponge count policy, and to follow it in every procedure. During the gallbladder surgery, the nurses do not count the number of sponges inserted into the surgical wound. Instead, one nurse simply makes a note that three packages were used. The sponges always come in packs of five, so she is certain that 15 sponges are in the wound. However, one pack accidentally contained six sponges. The nurses count 15 sponges coming out, and the surgeon closes the wound based on that count. One sponge is left in the surgical wound. The patient develops an infection and several days later an x-ray reveals the presence of another sponge, which requires a second surgery. In this example, we have all of the elements of negligence. Clearly, the hospital and the surgical team owe the patient a duty of care implicit in the provider-patient relationship. The duty was breached when the nurses failed to conduct themselves according to the standard of care applicable to surgical sponge counts. There is a causal relationship between the negligence and the injury. If the nurses had counted the sponges according to policy, the sixteenth sponge would have been identified and removed. Finally, the patient suffered damages in the form of the infection and the second surgery. Medical Records The patient s medical record is important in a medical malpractice case. It is considered a legal document and identifies all patient care, including treatment decisions. It is the primary method of communication among members of the patient s healthcare team. 5

6 Documentation Documentation should always follow nationally recognized standards of care and be as complete and accurate as possible. When the documentation is incomplete or sloppy, it can be used to show a jury that the care provided was incomplete and sloppy. Do not use shortcuts or abbreviations other than those approved by your facility or within standard nursing practice. Many times, areas of negligence involve documentation in meeting standards of care. According to the Wound, Ostomy, & Continence Nurses (WOCN) Society standards of care: The patient should be holistically addressed, assessing the skin risk potential using a valid tool. Nutritional status should be addressed. The need for specialty devices like support surfaces should be determined. Referrals to another medical specialty practice such as a dietitian should also be included. If the written records contradict the oral testimony, juries tend to believe the written records. Plaintiff A plaintiff is the person(s) who initiate a lawsuit by filing a complaint with the clerk of the court against the defendant(s). Complaint A complaint is the first document filed with the court by a person (plaintiff) claiming legal rights against another (defendant). Complaints are usually written carefully (typically by an attorney) to properly state the facts and the legal basis for the claim. Also, a complaint must follow specific guidelines regarding format. For example, a complaint must be typed on a specific type of paper or on forms approved by the courts. When the complaint is filed, the court clerk will issue a summons that lists the name and file number of the lawsuit and the address of the attorney. A copy of the complaint and the summons must be served or given to the defendant before a response is required. The summons will instruct the defendant to respond. 6

7 Defendant The defendant is the person or party sued in a civil lawsuit or charged with a crime in a criminal case. In some types of cases, such as divorce, a defendant may be called a respondent. Fraud In criminal law, fraud is the crime of deliberately deceiving someone in order to damage them. It may be called "theft by deception," "larceny by trick," "larceny by fraud and deception," or something similar. Fraud can be committed through many methods including mail, wire, phone, and the Internet. Acts that may constitute criminal fraud include: Bait and switch False advertising Identity theft False billing Forgery of documents or signatures Taking money that is under your control, but not yours (embezzlement) Health fraud, including selling products of spurious use such as quack medicines False insurance claims Tort Tort is a legal term that means a civil wrong or fraud, as opposed to a criminal wrong. A tort is recognized by law as grounds for a lawsuit. A tort is a civil wrong for which the law provides a remedy for all citizens in that jurisdiction. Physical harm to someone else s body, property or legal rights are examples of torts. 7

8 Contract A contract is an exchange of promises or agreement between two or more parties that is legally binding. Contract law is based on the concept that promises must be kept. A breach or break of a contract is recognized by the law. Almost everyone makes contracts. Written contracts are often required, such as when buying a house. However, many contracts are made orally, like buying groceries or at the coffee shop. Lawsuit A lawsuit, also called litigation, is a dispute before the court system where the plaintiff seeks a correction. The defendant(s) will respond or answer to the plaintiff's complaint. If the controversy is not settled by an agreement between the plaintiff and the defendant, it will be heard and decided by a judge or jury. If the plaintiff is able to prove that they were wronged, a decision will be granted for the plaintiff. Court orders of various types may be issued to enforce the decision, such as a penalty or to award damages. Besides litigation, other methods of dispute resolution include arbitration, where a private arbitrator would determine the outcome; or mediation, which is a structured meeting where an independent third party works with the plaintiff and defendant to resolve the issues among themselves. Expert Witness An expert witness is a witness paid for and sponsored by a party to the litigation. Expert witnesses do not offer eye witness testimony about the events in question, but rather offer their opinions and conclusions about matters that are relevant to the lawsuit. Many times, the information is outside the understanding of the average juror. For instance, an expert witness might be retained by the plaintiff in a medical malpractice case to testify about the relevant standard of care that the jury should apply to the defendant s conduct. It is the expert s opinion as to why the defendant failed to satisfy the standard. 8

9 Experts have to be accepted by the court as qualified in the field that his or her opinion will be offered. For example, a Nobel Prize-winning chemist, although an expert in many areas, would not qualify as an expert on the standards of care applicable to wound care nurses. On the other hand, a retired wound care nurse with substantial experience and credentials in the field of wound care would certainly qualify. Experts are restrained by rules that permit them only to offer opinions that are consistent with accepted methodologies and theories in the relevant field. For instance, even if a wound care provider had profound credentials, experience and publications, she would not be allowed to testify to opinions that were outside of mainstream science just to earn a fee. References: Brennan TA, Leape LL, Laird NM, et al. Incidence of adverse events and negligence in hospitalized patients: results of the harvard medical practice study I. N Engl J Med. 1991;324: Cook R, Woods D, eds. Operating at the Sharp End: the Complexity of Human Error. Hillsdale, N.J: Lawrence Erlbaum Associates; Leape L, Brennan T, Laird N, et al. The nature of adverse events in hospitalized patients: results of the harvard medical practice study II. N Engl J Med. 1991;324:

10 10

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

If you have been sued as a defendant in a civil case...keep reading.

If you have been sued as a defendant in a civil case...keep reading. If you have been sued as a defendant in a civil case...keep reading. Court procedures can be complex. This brochure was developed to help Ohioans who are considering representing themselves in court. It

More information

Legal Issues in Documentation. 1. From a legal standpoint, failure to document client care means which of the following?

Legal Issues in Documentation. 1. From a legal standpoint, failure to document client care means which of the following? MODULE 4 QUIZ Legal Issues in Documentation 1. From a legal standpoint, failure to document client care means which of the following? a. The care provider made errors b. Care provider forgot to document

More information

(i) verbatim text of the voir dire statement of 200 words or fewer, which will be given by counsel at the outset of voir dire; and

(i) verbatim text of the voir dire statement of 200 words or fewer, which will be given by counsel at the outset of voir dire; and Local Rules 212.2 and 220.1 Local Rule 212.2 Pre-Trial Statement (a) Each party shall file and serve upon all other parties a written pre-trial statement in conformity with the requirements of Pa.R.C.P.

More information

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law Minnesota Professional & Medical Malpractice Law Personal Injury Law: Professional & Medical Malpractice o Legal Malpractice Duty Breach Injury Proximate Cause o Medical Malpractice Duty Breach Injury

More information

J.V. Industrial Companies, Ltd. Dispute Resolution Process. Introduction

J.V. Industrial Companies, Ltd. Dispute Resolution Process. Introduction J.V. Industrial Companies, Ltd. Dispute Resolution Process Companies proudly bearing the Zachry name have had the Dispute Resolution Process ( DR Process ) in place since April 15, 2002. It has proven

More information

Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability By Kenneth Ross *

Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability By Kenneth Ross * Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability By Kenneth Ross * Introduction One of the more perplexing and potentially dangerous areas of product liability practice

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT)

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) (THIS GUIDE ONLY APPLIES TO LAWSUITS INVOLVING $25,000.00 OR LESS)

More information

Law and Veterinary Medicine

Law and Veterinary Medicine Law and Veterinary Medicine Second Hour: Basics of the American Legal System November 6, 2006 Paul Waldau, D.Phil., J.D. Importance of the Legal System to the future of Veterinary Medicine The recent JAVMA

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

WHAT HAPPENS IN A PERSONAL INJURY CASE

WHAT HAPPENS IN A PERSONAL INJURY CASE WHAT HAPPENS IN A PERSONAL INJURY CASE From Negotiating With Insurance Companies To Trial By Michael A. Schafer, Attorney at Law 440 South Seventh Street, Ste. 200 Louisville, Kentucky 40203 (502) 584-9511

More information

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE Prepared by James A. Christopherson, Esq. Dingeman, Dancer & Christopherson, PLC 100 Park Street Traverse City, MI

More information

S.B. 88 126th General Assembly (As Introduced)

S.B. 88 126th General Assembly (As Introduced) Elizabeth Dominic Bill Analysis Legislative Service Commission S.B. 88 126th General Assembly (As Introduced) Sens. Coughlin, Goodman BILL SUMMARY Requires the Superintendent of Insurance to establish

More information

Medical Malpractice Litigation. What to Expect as a Defendant

Medical Malpractice Litigation. What to Expect as a Defendant Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.

More information

Harris County - Texas HIPAA Notice of Privacy Practices

Harris County - Texas HIPAA Notice of Privacy Practices Harris County - Texas HIPAA Notice of Privacy Practices Effective Date: September 23, 2013. THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS

More information

Small Claims: The Process in Detail

Small Claims: The Process in Detail What is a small claims division? Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. All

More information

How Do People Settle Disputes? How a Civil Trial Works in California

How Do People Settle Disputes? How a Civil Trial Works in California Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil

More information

HOUSE BILL 1067. By Jernigan BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

HOUSE BILL 1067. By Jernigan BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: HOUSE BILL 1067 By Jernigan AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial. BE IT ENACTED BY THE GENERAL ASSEMBLY

More information

CHAPTER 2011-233. Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No.

CHAPTER 2011-233. Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. CHAPTER 2011-233 Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 479 An act relating to medical malpractice; creating ss. 458.3175, 459.0066,

More information

Medical Malpractice: What You Don t Know Can Hurt You

Medical Malpractice: What You Don t Know Can Hurt You Medical Malpractice: What You Don t Know Can Hurt You O. William Brown, MD, JD Chief, Division of Vascular Surgery William Beaumont Hospital Interim Chief, Division of Vascular Surgery Wayne State University

More information

H o w t o W r i t e a J u d g e m e n t

H o w t o W r i t e a J u d g e m e n t H o w t o W r i t e a J u d g e m e n t A) Function of a Judgement: Being the final result of a legal procedure a judgement shall provide a balanced conflict solution. An ideal judgement enables both conflict

More information

NOTICE OF PRIVACY PRACTICES

NOTICE OF PRIVACY PRACTICES Page 1 of 6 NOTICE OF PRIVACY PRACTICES Revised: June 15, 2014 THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Charge / Complaint Processing At the EEOC and the DFEH

Charge / Complaint Processing At the EEOC and the DFEH Charge / Complaint Processing At the EEOC and the DFEH Since you believe you have been discriminated or retaliated against on the basis of a protected characteristic, you should become aware of the following

More information

SPECIAL CIVIL A GUIDE TO THE COURT

SPECIAL CIVIL A GUIDE TO THE COURT NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Medical Malpractice BAD DOCTORS. G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York

Medical Malpractice BAD DOCTORS. G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York Medical Malpractice BAD DOCTORS G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York The nature of the crisis US not in a medical malpractice litigation crisis US in a medical

More information

Immigration Assistance Services

Immigration Assistance Services Immigration Assistance Services New York enacted A07137 into law in 2004. A07137 is reported to be the first to establish standards for immigration consultants. A press release from New York Governor Pataki

More information

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY WHAT IS LEGAL MALPRACTICE IN CALIFORNIA? A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. MICHAEL

More information

Annual Percentage Rate (APR) for Purchases 25.49%* This APR will vary with the market based on the Prime Rate.

Annual Percentage Rate (APR) for Purchases 25.49%* This APR will vary with the market based on the Prime Rate. (BA922TC0216MCY) (68/14) DEPARTMENT STORES NATIONAL BANK CREDIT CARD DISCLOSURES FOR THE MACY S AMERICAN EXPRESS ACCOUNT Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases 25.49%*

More information

Canadian Law 15. Elements of 90 a Contract

Canadian Law 15. Elements of 90 a Contract Canadian Law 15 Elements of 90 a Contract What is a Contract? A contract is an agreement between two or more parties that is enforceable by law. In order for a contract to be considered valid, there must

More information

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE?

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? Medical malpractice is a broad term used to describe a number of different kinds of lawsuits brought against doctors and hospitals.

More information

Georgia Board for Physician Workforce

Georgia Board for Physician Workforce Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In

More information

Jury Duty and Selection

Jury Duty and Selection Jury Duty and Selection Introduction That unwelcome letter arrives in the mail jury duty. Many famous trial attorneys have described jurors as a group of individuals who didn't have a good enough reason

More information

NOTICE OF PRIVACY PRACTICES

NOTICE OF PRIVACY PRACTICES NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. IF YOU HAVE ANY

More information

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement United States District Court for the Northern District of California If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement A federal court authorized this notice. This

More information

January 9, 2006. The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217

January 9, 2006. The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 January 9, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4 Who

More information

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT I. INTRODUCTION Business is rife with conflict. To succeed, a business owner must be adept at resolving these disputes quickly and efficiently.

More information

Public Policy Position

Public Policy Position ISSUE In line with the overall tort system, the purpose of medical malpractice liability is to compensate patients who suffer an injury as a result of medical negligence. However, an effective tort system

More information

This Notice describes Hill-Rom s practices regarding the use of your Protected Health Information, specifically including:

This Notice describes Hill-Rom s practices regarding the use of your Protected Health Information, specifically including: Original Effective Date: April 1, 2003 Effective Date of Last Revision: July 15, 2013 THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS

More information

ISSUES INVOLVED IN TAKING TRIAL. Navan Ward Jr. Navan.Ward@beasleyallen.com 18 th Annual Spring Retreat & Seminar

ISSUES INVOLVED IN TAKING TRIAL. Navan Ward Jr. Navan.Ward@beasleyallen.com 18 th Annual Spring Retreat & Seminar ISSUES INVOLVED IN TAKING A NURSING HOME CASE TO TRIAL Navan Ward Jr. Navan.Ward@beasleyallen.com 18 th Annual Spring Retreat & Seminar Federal & State Regulations Federal Regs the Omnibus Budget Reconciliation

More information

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing 00 STATE OF WYOMING 0LSO-0 HOUSE BILL NO. HB0 Medical malpractice-use of expert witnesses. Sponsored by: Representative(s) Gingery A BILL for AN ACT relating to medical malpractice actions; providing for

More information

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE ATTORNEY HELP CENTER: MEDICAL MALPRACTICE The healthcare industry has exploded over the last thirty years. Combined with an increasing elderly population, thanks to the Baby Boomer generation, the general

More information

Risk Management for Assisted Living Nurses and Facilities

Risk Management for Assisted Living Nurses and Facilities Risk Management for Assisted Living Nurses and Facilities Eric D. Heicklen, Esquire Learning Objectives By the end of the session, participants will be able to: Objective 1: Understand the basics of risk

More information

Reproductive Medicine Associates of New Jersey, LLC

Reproductive Medicine Associates of New Jersey, LLC NOTICE OF PRIVACY PRACTICES Effective Date: September 20, 2013 Last Modified: May 12, 2013 THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO

More information

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

AN ACT related to medical malpractice mediation. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

AN ACT related to medical malpractice mediation. Be it enacted by the General Assembly of the Commonwealth of Kentucky: AN ACT related to medical malpractice mediation. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. KRS CHAPTER 417A IS ESTABLISHED AND A NEW SECTION THEREOF IS CREATED TO

More information

Pharmacy Law Overview. From Civil Liability to Criminal Prosecution

Pharmacy Law Overview. From Civil Liability to Criminal Prosecution Pharmacy Law Overview From Civil Liability to Criminal Prosecution Law That Matters To Pharmacists Robert P. Esgro, R.Ph., Esq. Pharmacy Lawyer and Consultant 610-308-6666 Bob@PharmacyLawyer.com Pharmacy

More information

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law Health Information and Litigation ASSIGNMENT 1 Read this entire introduction. Then read Chapter 1 in your textbook, Legal Aspects of Health Information Management. When you ve read all of the material

More information

The Medical Inquiry and Conciliation Panel Office of Administrative Hearings Department of Commerce and Consumer Affairs State of Hawai`i

The Medical Inquiry and Conciliation Panel Office of Administrative Hearings Department of Commerce and Consumer Affairs State of Hawai`i A Guide to the Medical Inquiry and Conciliation Panel The Medical Inquiry and Conciliation Panel Office of Administrative Hearings Department of Commerce and Consumer Affairs State of Hawai`i THIS GUIDE

More information

In the United States District Court for the Northern District of Georgia Atlanta Division

In the United States District Court for the Northern District of Georgia Atlanta Division Case 1:14-cv-02211-AT Document 61-1 Filed 12/28/15 Page 1 of 20 In the United States District Court for the Northern District of Georgia Atlanta Division Consumer Financial Protection Bureau, Plaintiff,

More information

THE MEDICAL MALPRACTICE LAWSUIT: The Alabama Medical Liability Act AMLA. The AMLA WHAT YOUR LAWYER WANTS

THE MEDICAL MALPRACTICE LAWSUIT: The Alabama Medical Liability Act AMLA. The AMLA WHAT YOUR LAWYER WANTS THE MEDICAL MALPRACTICE LAWSUIT: WHAT YOUR LAWYER WANTS YOU TO KNOW Presented by Angie Cameron Johnston Barton Proctor & Rose LLP 205-458-9489 acc2@johnstonbarton.com The Alabama Medical Liability Act

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System

Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Unit Overview How does the civil justice system hold people and corporations accountable for their actions? How does civil law

More information

Medical Malpractice Reform

Medical Malpractice Reform Medical Malpractice Reform 49 This Act to contains a clause wherein the state legislature asks the state Supreme Court to require a plaintiff filing a medical liability claim to include a certificate of

More information

INITIATIVE FINANCIAL INFORMATION STATEMENT. Patients Right to Know About Adverse Medical Incidents

INITIATIVE FINANCIAL INFORMATION STATEMENT. Patients Right to Know About Adverse Medical Incidents INITIATIVE FINANCIAL INFORMATION STATEMENT Patients Right to Know About Adverse Medical Incidents SUMMARY OF INITIATIVE FINANCIAL INFORMATION STATEMENT Information about most adverse medical incidents

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

The Malpractice Lawsuit:

The Malpractice Lawsuit: The Malpractice Lawsuit: Process and Prevention Advocate Health Care 7 th Annual Advocate Trauma Symposium Wyndham Lisle - Chicago November 18, 2010 Rogelio Lasso The John Marshall Law School BACKGROUND

More information

NOTICE OF PRIVACY PRACTICES Effective: September 20, 2013

NOTICE OF PRIVACY PRACTICES Effective: September 20, 2013 Livingston Hospital and Healthcare Services 131 Hospital Drive Salem, KY 42078. NOTICE OF PRIVACY PRACTICES Effective: September 20, 2013 THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

MOHAVE COUNTY JUSTICE COURT. If you want to file a SMALL CLAIMS ANSWER

MOHAVE COUNTY JUSTICE COURT. If you want to file a SMALL CLAIMS ANSWER MOHAVE COUNTY JUSTICE COURT If you want to file a SMALL CLAIMS ANSWER MOHAVE COUNTY JUSTICE COURT You (the defendant) have TWENTY (20) calendar days to file an answer to the small claims complaint. The

More information

A federal court authorized this notice. This is not a solicitation from a lawyer.

A federal court authorized this notice. This is not a solicitation from a lawyer. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK If you applied for employment at a Van Heusen, Izod, G.H. Bass and Calvin Klein retail store or warehouse between April 3, 2010 and May

More information

GENERAL CIVIL JURY CHARGES IN GENERAL NEGLIGENCE CASES. Although you, as jurors, are the sole judges of the facts, you are duty-bound to follow

GENERAL CIVIL JURY CHARGES IN GENERAL NEGLIGENCE CASES. Although you, as jurors, are the sole judges of the facts, you are duty-bound to follow GENERAL CIVIL JURY CHARGES IN GENERAL NEGLIGENCE CASES General Introduction Ladies and Gentlemen, now that you have heard the evidence and the argument of the attorneys, it is now time for me to instruct

More information

Personal Injury Litigation

Personal Injury Litigation Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction

More information

CHAPTER 2. COLORADO COURT SYSTEM Updated by Honorable Julie E. Anderson

CHAPTER 2. COLORADO COURT SYSTEM Updated by Honorable Julie E. Anderson CHAPTER 2 COLORADO COURT SYSTEM Updated by Honorable Julie E. Anderson THE LEGAL SYSTEM IN COLORADO The Colorado Constitution defines the structure and gives the power to the three units that comprise

More information

The End of Malpractice Litigation? Improving Care and Communications to Reduce Risk

The End of Malpractice Litigation? Improving Care and Communications to Reduce Risk 21 st Annual Health Law Institute 2015-8635 March 13, 2015 Session #2 10:30 am 12:00 noon The End of Malpractice Litigation? Improving Care and Communications to Reduce Risk Charles J. Chulack, III, Esq.

More information

EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL

EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL Appeals of workers compensation claim denials are handled by the Labor Commission s Adjudication Division. If you disagree with the claim

More information

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION Arizona State Senate Issue Paper June 22, 2010 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the

More information

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman

More information

Your Guide to Automobile Insurance and Accidents

Your Guide to Automobile Insurance and Accidents Consumer Legal Guide Your Guide to Automobile Insurance and Accidents ILLINOIS STATE BAR ASSOCIATION ASK A LAWYER WHAT TYPES OF COVERAGES ARE AVAILABLE? Generally, automobile insurance policies provide

More information

Medical Legal Considerations in Wilderness Medicine

Medical Legal Considerations in Wilderness Medicine Medical Legal Considerations in Wilderness Medicine 2009 by Paul Nicolazzo the Wilderness Medicine Training Center wildmedcenter.com Medical Legal Considerations in Wilderness Medicine Wilderness medicine

More information

Physicians on Medical Malpractice Reform Options

Physicians on Medical Malpractice Reform Options Physicians on Medical Malpractice Reform Options Survey Methodology This survey was conducted online from August 31 October 31, 2012. Invitations for the survey were emailed to physicians who have been

More information

What to expect when you are injured in a New York accident!

What to expect when you are injured in a New York accident! What to expect when you are injured in a New York accident! An ebook by Stuart DiMartini 1325 Sixth Avenue, 27 th Floor New York, NY 10019 dimartinilaw.com 2012 Law Offices of Stuart DiMartini P a g e

More information

2012 Hospital Authority Convention. ABC of Mediation. Paul BS Lai Department of Surgery, PWH

2012 Hospital Authority Convention. ABC of Mediation. Paul BS Lai Department of Surgery, PWH 2012 Hospital Authority Convention ABC of Mediation Paul BS Lai Department of Surgery, PWH Definition of mediation Mediation can be defined as the process by which the participants, together with the assistance

More information

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016 2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer

More information

cj Judgment Rendered November 2 2007

cj Judgment Rendered November 2 2007 NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0424 EVELYN SCHILLING LAWRENCE CONLEA Y RONALD CONLEAY NELDA CARROL AND BETTY VERRET t 01 VERSUS GRACE HEALTH

More information

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3527. New Act 225 ILCS 60/29 from Ch. 111, par. 4400-29

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3527. New Act 225 ILCS 60/29 from Ch. 111, par. 4400-29 *LRB0ASKb* TH GENERAL ASSEMBLY State of Illinois 00 and 00 SB Introduced /0/00, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: New Act ILCS 0/ from Ch., par. 00- Creates the Affordable Health Care Act and

More information

Chapter 2: Quality Assurance and Legal Issues

Chapter 2: Quality Assurance and Legal Issues Objectives Chapter 2: Quality Assurance and Legal Issues 1. Define the key terms and abbreviations listed at the beginning of this chapter. 2. Identify national organizations, agencies, and regulations

More information

ADMINISTRATION POLICY MEMORANDUM

ADMINISTRATION POLICY MEMORANDUM ADMINISTRATION POLICY MEMORANDUM POLICY TITLE: FRAUD AND ABUSE POLICY NUMBER: JCAHO FUNCTION AREA: POLICY APPLICABLE TO: POLICY EFFECTIVE DATE: POLICY REVIEWED: MCH-1083 Leadership All Employees January

More information

AN ACT. To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act.

AN ACT. To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. 3721L.01I AN ACT To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

More information

MUSINGS ON PROFESSIONAL LIABILITY IMPLICATIONS OF ACOS

MUSINGS ON PROFESSIONAL LIABILITY IMPLICATIONS OF ACOS MUSINGS ON PROFESSIONAL LIABILITY IMPLICATIONS OF ACOS While we are still currently in the early stages of implementing Obamacare, we do know that the future of medicine will involve integrated healthcare

More information

SMALL CLAIMS COURT IN ARKANSAS

SMALL CLAIMS COURT IN ARKANSAS SMALL CLAIMS COURT IN ARKANSAS Note: The information contained in this publication is designed as a useful guide to remind you of your rights as a citizen of this state. You should not rely totally on

More information

Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements

Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements By: On November 4, 2012, a number of statutory provisions reforming the medical malpractice

More information

National Home Health Care HIPAA Notice of Privacy Practices

National Home Health Care HIPAA Notice of Privacy Practices Effective Date: THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. If you have any questions about

More information

Frequently Asked Questions (FAQs) in South Carolina Master-in-Equity Court

Frequently Asked Questions (FAQs) in South Carolina Master-in-Equity Court Frequently Asked Questions (FAQs) in South Carolina Master-in-Equity Court WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. If you move forward without an attorney,

More information

CURRICULUM VITAE ROBERT J. NAPLETON

CURRICULUM VITAE ROBERT J. NAPLETON CURRICULUM VITAE ROBERT J. NAPLETON Firm: MOTHERWAY & NAPLETON, LLP 140 South Dearborn Street Suite 1500 60603 (312) 726-2699 Fax: (312) 726-6851 E-Mail: bnapleton@mnlawoffice.com Firm Website: www.mnlawoffice.com

More information

OFFICIAL COURT NOTICE OF SETTLEMENT

OFFICIAL COURT NOTICE OF SETTLEMENT OFFICIAL COURT NOTICE OF SETTLEMENT KELLY MINICH AND DEBBIE MINICH, individually and on behalf of all others similarly situated, Superior Court of California, County of San Diego v. Plaintiffs, Case No.

More information

INSURANCE TERMS AND DEFINITIONS

INSURANCE TERMS AND DEFINITIONS INSURANCE TERMS AND DEFINITIONS Adjudication: The act of determining an issue or settling a dispute in court. Allocated Loss Adjustment Expenses (ALAE): Expenses directly attributable to specific claims.

More information

Ethical dilemma in professional practice. By Muhammad Iqbal

Ethical dilemma in professional practice. By Muhammad Iqbal Ethical dilemma in professional practice By Muhammad Iqbal Nursing Ethics: Unit-VII Objectives Define dilemma and professional obligation Identify common areas of negligence and nurses liability in these

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

An act can be both a crime and a tort. Example reckless driving resulting in an accident

An act can be both a crime and a tort. Example reckless driving resulting in an accident How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

How to Ensure Your Healthcare Gets Paid For - Kentucky

How to Ensure Your Healthcare Gets Paid For - Kentucky Cancer Legal Resource Center 919 Albany Street Los Angeles, CA 90015 Toll Free: 866.THE.CLRC (866.843.2572) Phone: 213.736.1455 TDD: 213.736.8310 Fax: 213.736.1428 Email: CLRC@LLS.edu Web: www.disabilityrightslegalcenter.org

More information

Testimony Before: Senate Codes, Health & Insurance Committees. 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY

Testimony Before: Senate Codes, Health & Insurance Committees. 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY Testimony Before: Senate Codes, Health & Insurance Committees Tuesday, December 1, 2009 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY Presented By: Dr. William Doscher, MD, FACS Legislative

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

Chapter 4 Legal Ethics

Chapter 4 Legal Ethics Chapter 4 Legal Ethics Yes. You read that right legal ethics. Har de har. Go ahead. Get it out of your system. How about this one? Why do scientists prefer using lawyers over lab rats? There are some things

More information