Stevan Jakovljevic Professor Avdeev Law 2010-05 Fall 2016 Case Brief Term Researched: Duty of Care Case Name: Howard D. Brunson (Plaintiff-Respondent) v. Affinity Federal Credit Union Legal Citation: 954 A.2d 550 (N.J. Super. App. Div. 2008) Date Decided:…
Attorneys for Wilson Elser never presented one scintilla of evidence or information proving that MMC was a victim of abusive communication, false reporting or suffered irreparable harm. In fact, the record in this case includes evidence that Montefiore staff and agents have engaged in false swearing and testimony. In addition, the record proves that Montefiore Medical Center and its staff completed or caused to be completed a healthcare proxy by an elderly patient that is both completed and witnessed by only Montefiore staff. One of the staff members who signed the proxy as a witness is the doctor/healthcare provider who demanded the patient to receive a PICC line (catheter for intravenous delivery of drugs) for more than four weeks. During that time, the patient continued to deny additional surgical procedures by MMC, its staff or agents.…
Dr. Stout’s alleged harm consists of the following: lost wages, foregone employment opportunities, and expenses incurred in defending this case. These alleged injuries do not sufficiently impact commerce. They are related to Dr. Stout’s employment relationship, which cannot form the basis for a UDTPA claim. Accordingly, dismissal for a third-party claim under UDTPA is appropriate…
In the court case The People of the State of Colorado v. Sandra L. Jacobson, Jacobson is convicted of homicide. The homicide resulted from her truck colliding with a taxi cab while she was driving under the influence. There were two passengers in the taxi at the time of the collision and both were killed. Jacobson appealed the court’s decision on the basis that the trial court did not allow her attorneys to gauge whether or not the jury had become biased due to mid-trial publicity that included inadmissible information. On the fourth day of the trial, the Court was made aware of the fact that a local television network would be covering the incident that led to this trial on its evening news program.…
The case of Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln health center. This was a case where a patient Brenda Brandt was seen for a medical condition. While being treated for the condition the medical center she was implanted with a product that would be subsequently be recalled after her surgery. I was recall because it caused server medical complications with patients. Mrs. Brandt files a suit against the medical center and the manufacture Boston Scientific Corporation of the product which was implanted in her for a breach of warranty the Health center file a motion to have the case thrown out.…
The case of David McCallum who at the time of his charge was a sixteen-year-old boy was charged along with his friend Willie Stuckey who where charged for a kidnapping and murder. McCallum and Stuckey were found guilty of kidnapping and killing a young Queens’s man in 1986 and sentenced to 25 years for a crime he did not commit. He served a twenty-eight year sentence before being found not guilty and let out of prison. The main cause of the wrongful conviction was McCallum and Stuckey admitted kidnapping and killing 20-year-old Nathan Blenner and taking a joyride in his car. They quickly recanted but were convicted of murder.…
This article is about a man who is being accused of solicitation. Solicitation is to ask, command, urge or advise another person to commit a crime. The suspect is already in jail on a criminal sexual abuse case. Ivan Flores is being charged for solicitation of murder and solicitation of murder for hire according to prosecutors. A $500,000 bail was set on his new charges.…
Ms. Newby is a 30 year old female who presented to the ED via LEO under a custody order. Dr. Ryan Snyder requested an evaluation on Ms. Newby to determine disposition. Per documentation Ms. Newby threaten to stab her mother today with a knife. per documentation Ms. Newby has been seeing and hearing people around her home when no one is there. reported to ED staff she has a history of mental illness and has been treated for the same.…
Fred McNeill’s story is a familiar one. He played football for 22 years, 12 in the NFL as a linebacker. Years after he retired, CTE, or chronic traumatic encephalopathy, symptoms started including: depression, memory loss and eventually, deterioration in motor skills and amyotrophic lateral sclerosis (ALS). He died at 63.…
Chapter four, titled Contracts and Intentional Torts, pertains to the various laws surrounding physician and patient relationships. A major case that is presented in the chapter pertains to a woman’s false imprisonment by a physician. The case is known as Stowers v. Wolodzko, and it outlines the physician’s rights versus a patient’s rights in a legal lawsuit. The case depicts the restriction of a person’s freedom, assault and battery, and malpractice.…
The court defended that there is no law that refuses the professional freedom of physicians to compare problem-solving approaches to their counterparts in order to improve the quality of services they provide to the public. Dr. Ketcham’s affidavit concludes that he had no contact with Dr. Brock concerning the care or treatment of Oliver. He also noted that he was not aware of any contact between the Plaintiff and Dr. Brock while she was a patient at Bryan Whitfield Memorial Hospital. The supporting evidence mentioned above, lucidly supports Dr. Brock’s motion for summary judgment based on the adjudication of the…
New York City College of Technology City University of New York Law and Ethics Case: Jeanette M. and the Phone Call Erica Rotstein October 7, 2017 Professor Bonsignore HAS 3560 -Legal Aspects of Health Care Abstract The advancement in the field of medicine over the years has led to doctors and health care providers having more responsibilities on their hands. This brings into question what should and shouldn’t be done, as well as what is morally and ethically right. However, this isn’t so cut and dry.…
The injuries sustained in the Niles v City of San Rafael were foreseeable. The injuries resulted from the commission and the omission of act from the defendants. There was negligence in the city’s supervision of the school playground and medical malpractice at Mt. Zion Hospital. The medical negligence was nonfeasance meaning there was a failure to act when there is a duty to act as a reasonability to safeguard a person rights. The Plaintiff was an innocent party whom rights were violated by the defendants.…
I believe that in the case of Dr. S. and Dr. V., both parties including the plaintiff and the defendant, responsibility should be taken on both sides. Ultimately, this was an immense referral source, which resulted in a detrimental impact financially, and violated…
5. What are the morally relevant facts? A fact that posed as misconduct is the lack in compassion and commitment from both the physician Dr. Evans and the employees at the medical clinic in the institution. Because of the fact that Dr. Evans failed to identify the lump in Tomcik’s breast as a result of a passively performed examination, he did not follow his obligation, as a physician, to deliver the high-quality care that patients should receive.…