Geno Colello's Case Study

Improved Essays
You are liable to be liable for the mistakes of those that you manage and supervise. Maybe it’s best to think of it as a parent child relationship. Parents, until your little one turns 18, you are financially responsible for their poor choices. Remembering that as superiors, we are responsible for the decisions of those we supervise, is not something be taken lightly.
In 2001, Geno Colello’ father was gravely concerned about his son’s depression. Colello, a former member of the Los Angeles Police Department, had been seeing Dr. David Goldstein from 1997- June 2001. In the past, Colello gave Dr. Goldstein permission to speak with his father. The father shared he believed Colello may do something drastic to a former girlfriend’s new boyfriend,
…show more content…
Poddar shared his plan to kill a woman whose identity was unknown to Moore. Moore in turn contacted campus police, however, after questioning Poddar, they released him. Moore persisted and wrote a formal letter to the chief of the campus of police. Quite surprisingly, Moore’s supervisor then asked for case notes to be destroyed and to essentially drop it. That ball certainly was dropped, and landed many in court after Poddar killed Tatiana Tarasoff and her family filed suit against the Board of Regents and the employees of the university. (Corey, Corey, Corey, & Callanan, 2014) It is my belief that the therapist, Moore did his best. At the time, he did not know Tarasoff’s name to be able to personally warn her. He went to authorities, he was persistent, but he was squelched. His superiors, I believe, were indeed negligent. Certainly, to direct Moore to destroy case notes on Poddar, was unlawful.
Dr. Ofer Zur, Ph.D., shares that it is wise to consult with a legal expert and document thoroughly when breaking confidentiality. He advises psychotherapists, when dealing with a Tarasoff situation, to give clients written notice in their Polices and Informed Consent forms. Zur even highlights in blue on his forms, to inform clients that if family members warn of a potential danger, that may constitute a break in confidentiality
…show more content…
Stone, both Dr. Stone and Dr. Kaplan were ordered to pay $75,000 in damages regarding a malpractice suit. Here we find another case of vicarious liability, since Dr. Kaplan was not made aware of Dr. Stone’s poor choice until after the fact. The court found Dr. Stone negligent for moving forward with general anesthesia, after Dr. Stone’s resident, Dr. Jiminez improperly injected the patient, Mr. Rockwell. The end result of the negligence was the loss of Mr. Rockwell’s left arm. While Dr. Stone didn’t personally inject Mr. Rockwell, his resident did. Should Dr. Stone have moved forward with general anesthesia after the improper injection? Should Dr. Stone have let a resident administer the injection in the first place? It’s probably that Dr. Stone asked himself those same questions after he learned of the malpractice suit, however, the court found he was indeed liable because of his position as ‘captain of the ship’. (Rockwell v. Stone, 1961) Let this case be a reminder we are responsible for those we have working under us. Do we trust them to be wise and make good choices? The ramifications of supervising untrustworthy or negligent people can cost a therapist not only an arm, but a leg

Related Documents

  • Superior Essays

    Dorrough V. Wilkes (2002)

    • 1733 Words
    • 7 Pages

    This case displayed an unintentional tort that involved negligence on the part of the defendant and his care of the deceased. On May 18, 1994, Emanuel Wilkes, Sr. and Emanuel Wilkes, Jr. (the plaintiff’s) filed a complaint against Dr. Charles M. Dorrough, Jr (the defendant), and Boliver County Hospital (BCH) which alleged that…

    • 1733 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    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.…

    • 1115 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Case Study: Don Marshall

    • 263 Words
    • 2 Pages

    Plaintiff Don Marshall, who is filing a medical malpractice claim, is suing defendants John Smith M.D. and Pat Jones P.A.C. The plaintiff sustained a work injury and came to the ER at Laskey County Memorial Hospital; there he was prescribed three days worth of tramadol. He then visited Smith & Smith Medical Center for treatment. P.A. Jones prescribed him more tramadol and followed up with an appointment eight days later, Mr. Marshall described a 50% improvement with his symptoms. At that appointment a Flector patch was applied to reduce acute pain.…

    • 263 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    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.…

    • 502 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Oliver Vs Brock Case Study

    • 1381 Words
    • 6 Pages

    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…

    • 1381 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    All these three aspects work together to render the best services to the patient. This process led to the death of the patient either due to the procedure used or other reason not discussed in this case. However, strict compliance with best practices and the law are the only standard measures to determine where a practitioner is at fault. In this case, Finnerty did not comply with policy and law to ensure that she was not responsible for the patient death. Any non-compliance would either damage the credibility of the hospital as well as the failure to convince that such faults did not amount to the death regardless of the missing evidence.…

    • 1117 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Perin V. Hayne Case Study

    • 1037 Words
    • 5 Pages

    In 1973, the ruling of Perin v. Hayne in the district court system regarding the verdict of malpractice action was appealed to the supreme court of Iowa. The plaintiff, Ilene Perin underwent surgery to address an issue, but the attending physician performed a slightly different procedure then what was initially intended. Despite relieving the patient of her prior ailment, the outcome of the surgery resulted in the creation of another ailment. In attempt to describe what substantial difference encompasses in healthcare, several cases and perspectives will be reviewed, to better define such delineation. Perin v. Hayne Ilene Perin, the plaintiff, was a patient who suffered from several associated issues and pains, in which the cause was determined to be two protruding cervical discs in her neck.…

    • 1037 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Orr V. Bell Case Summary

    • 1040 Words
    • 5 Pages

    Exceptional care and professional responsibility is a standard form of practice the general public rely upon for their health care needs. But, what happens when codes of conduct, rules and codes of ethics are violated and physicians fail to provide adequate care and diagnostics? When circumstance like this arise, who becomes responsible for the negligence on behalf of the patient? In the case of Orr vs. Bell, due to the negligence on behalf of Dr. Bell, the patient Orr went misdiagnosed and eventually became paralyzed. The review of this case will document and prove due to Dr. Bell’s failure to follow nationally recognized Radiologic ethics and rules Dr. Bell failed to determine Orr’s medical issue and therefore was responsible for the outcome…

    • 1040 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Usually we hear of stories where physicians get sued because they fail to abide by a patient’s wishes, however, the article “All-Time Craziest Frivolous Lawsuits”, (Krane 2014), discusses how a physician was sued for abiding to a patient’s wishes. The article provides insight into how some malpractice lawsuits impact physicians who try to provide patients with standard of care, only to have care refused by them and then later have legal action taken against them for complying with their wishes. The author best explains how physicians are affected by malpractice lawsuits in stating, “The assault on their reputations and the emotional upheaval they face can be traumatic even when the lawsuit is obviously fraudulent” (Krane, 2014, p. 1). This particular article discusses the story of a man who cut his hand off because he “saw the number ‘666’ written on it and stated that he heard voices which told him to cut it off. When the on-call surgeon was called in for a consult, the patient stated that if the surgeon reattached his arm, “he would cut it off again” (Krane, 2014, p. 1).…

    • 401 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Chasing Zero Summary

    • 864 Words
    • 4 Pages

    First, the patient lost her life as a result of an avoidable error. Second, a competent nurse lost her license and was fired for her human error. Nothing was done by the hospital to try and learn form this mistake. Rather than investigate the factors that caused the event, such as over worked nurses and similar labels on drugs, the hospital placed blame on the nurse in order to try to avoid expensive lawsuits. Listening to Thao’s story made me fearful as a future nurse.…

    • 864 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Natural environments and economic growth had a major impact in the shaping of the development of the West beyond the Mississippi River. Some of the few key features in the shaping of the West was: the wildlife present, the up and coming railroads, and the reaction from everyday settlers. It is thought that America is the land of new ideas and inventions that pushed people to explore and expand Westward. The concept of something new gave an open opportunity for people to make the western part of America what they wanted it to be. The wildlife located along the trip across the west was abundant.…

    • 427 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Medical Malpractice Theory

    • 1563 Words
    • 7 Pages

    Literature Review: Theory The literature review is vital to the success of this paper as it will look at the past relevant theories and studies to help define important terms while theory in this paper will serve to help define medical malpractice. The first step is to determine when a doctor is liable to their patient, and the courts can use the entry rules (Stein, 2012) to help determine when a doctor is liable to their patients. Also entry rules also help determine when medical malpractice occurs (Stein, 2012), but the theory also acknowledges when these medical malpractices should be exempt with the creation of the exit rules (Stein, 2012). Ideally according to Stein's theory, medical institutions should govern entry rules as they…

    • 1563 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Three Strikes Law

    • 758 Words
    • 4 Pages

    Lesson 4 Essay Medical Malpractice can be defined as the negligent or irresponsible medical treatment of a doctor, nurse or other medical practitioner that results in injury or death of a patient in their care (McMillen Law Firm, 2013). One of the unique qualities about Florida is its exercise of the ‘Three Strikes Law’. The relatively recent amendment to the Florida Constitution would automatically revoke the medical license of any doctor hit with three malpractice judgments which makes Florida one of the most hostile states for physicians. In my opinion, when it comes to protecting patients and physicians alike, there should be limitations set in place for each party.…

    • 758 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nonfeasance holds that failure to act when there is a duty to act as a reasonable person would in a similar circumstance it is negligence (Pozgar, 2012). In this case, RJ consults five other orthopedic surgeons in her town with the same training and experience, and they collectively determined the first surgeons’ treatment plan was inappropriate for the patient and can be used to prove her case. The surgeon failed to do what is understood as the normal standard of care for RJ, as the appropriate care, treatment, or procedure was not given and RJ was harmed as a result (“Mistakes of Omission,” 2012). While informed consents are often used to satisfy the legal requirements, it does not mean hospitals and physicians will avoid lawsuits. Physicians should utilize the informed consent documents as a tool to guide the discussion of the various risks, benefits, and alternative treatment available to a patient as an open dialog (Pozgar,…

    • 1861 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Kast went on to consult with another trained professional, the school’s psychologist. The psychologist expressed concerns for the situation of the opinion that Mrs. Kast should inform the principal. The principal instructed Mrs. Kast to not immediately call Child Protective Services. The principal then proposed an alternative: an after-school meeting with the counselor, the school psychologist, classroom teacher as well the principal to discuss the situation and take the appropriate measures. Mrs. Kast is now presented with two ethical dilemmas, breach client confidentiality and share information with the others or not calling authorities regarding Jane’s safety.…

    • 929 Words
    • 4 Pages
    Improved Essays