health care law

Topics: Physician, Focal and diffuse brain injury, Brain injury Pages: 4 (1323 words) Published: December 2, 2013
HealthCare Law

Facts of case

Larry Wayne "Chipper" Jones boat collided with a rock, causing Chipper to suffer severe whiplash and other possible brain injuries. Chipper was rushed to Lake Lanier Health Care Center (LLHC) who had been in business six months without applying for government approval. LLHC CEO Herman Cain, ordered his doctors to discharge Chipper, against their cautions that he needed further attention. Cuban called Dr. Gawande, detailing Chipper’s case. Dr. Gawande, used a smart phone device not password protected and left the patient information at the table, where it was read by waiter and posted on social media. Dr. Gawande confirmed he was not specialized in the area of medicine needed to treat the patient, but would treat anyways. His treatment caused Complications and Gawande admitted “Human error” Which resulted in Chipper becoming debilitated to a wheelchair. Later Dr. Gawande stated his license was suspended for this reason two months prior and accepted fault, but blamed it on “fast-and-loose” granting of staff privileges LLHC.

Legal claims and principles Identified in case

Standard of care
Informed consent
CON
Patient abandonment:
EMTALA
HIPPA
Medical malpractice
Negligence
Scope of privileges and credentialing

Legal claim:
LLHC violated the EMPTALA law. The likelihood providers will prevail against claimants: “It depends” LLHC physicians will have a difficult defense in this case because the patient condition became worse causing impairment. They also did not transfer the patient to a facility that could provide the appropriate level of care. (Trauma facility) after the found out they did not have a brain surgeon on staff, only an endocrine physician. Will LLHC win? “It depends” The Possible defenses: LLHC offered Chipper another physician at another facility, but he refused this because he claimed our providers were the best in the world. The Medication provided might have caused Chipper to become...
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