Wrongful Death Claim Against A Hospital

An overtime class action lawsuit was filed against a California hospice and palliative care group known as Seasons. The lawsuit includes allegations that the defendants, Seasons Hospice and Palliative Care Group of California, Inc. refused to pay the plaintiffs in the case appropriate overtime pay as required by labor law. In addition, plaintiffs claim that the hospice and palliative care group failed to offer required rest periods and meal breaks as outlined in the California Labor Code. Basic overtime wages for non-exempt employees of Seasons Hospice and Palliative Care of California, Inc. are not in question/are not in dispute.

This represented the power and position of forensic pathology in the criminal justice system, which the Crown and defence rely on, but can end in incarcerations of innocent individuals, as shown in John’s case. In this investigation, rather than having evidence presented by a forensic pathologist, Dr. Dietrich was a clinical pathologist who was trained to determine causes of disease in living patients and not to perform post-mortem examinations to identify the causes of death. John’s trial was proceeded by an unqualified pathologist without training in the area required to provide medical evidence in criminal trials, which lead to misdiagnoses and John’s wrongful conviction. As well, rather than approaching evidence with an open mind “without preconceptions or presumptions about abuse”, Dr. Dietrich had initially believed Maxine’s death was a homicide, therefore demonstrating his bias and lean towards evidence supporting his view instead of the truthful information

www.jstor.org/stable/20761433. Forte, David F. "The role of the clear and convincing standard of proof in right to die cases. " Issues in Law & Medicine, Fall 1992, pp. 183-203. Student Edition, http://link.galegroup.com/apps/doc/A12748182/STOM?u=va_s_088_0020&sid=STOM&xid=a66beea0.

(King, 2004, p. 206). However, both families of murder victims and families of death

In another case, Larry Macafee was involved in a motorcycle accident causing him to become paralyzed from the neck down. He could not breath on his own, his insurance was running out and he did not want to burden his family with medical bills. The right to die decision did not appear until his ventilator had been dislodged and he almost suffocated. At that moment he stared death in the eyes. He filed a law suit and won the case, which should have been the end of his suffering, but instead became a chance to be persuaded not to go through with it.

The case studies covered are the primary causes of death, heart disease, murder, AIDS, cancer, and suicide, along with the one cause of death not permitted on a death certificate-

In a murder case where an 18-year-old, Sarah Johnson was sentenced to life in prison for committing a first degree murder for both her and dad. The case reopened when a retired crime lab technician Michael Howard “testified that whoever shot Diane and Alan Johnson at close range on September 2, 2003, would have been hit by a "rain" of blood spatter” (http://www.cnn.com/2005/LAW/03/03/johnson/index.html?eref=sitesearch). Howard came up with his theories proving that, Sarah was not even close in committing those murders and it is a wrongful conviction. Based on blood spatter, Howard disclosed that the shooting which took place was at a very close range and blood would have been all over the assailant, where as there was no blood pattern found on Sarah’s clothes. In fact, the pajama pant, Sarah was wearing on the day of shooting had no trace of her parent’s DNA or blood.

requests that the Court enter default judgment in favor of the Hospital and against Defendant on Hospital’s first count, Breach of Contract, and award Hospital its actual damages of $83,000.00. C. The Hospital is Entitled to an Award of Attorney’s Fees as a Prevailing Party. The Recruitment Agreement provides for the Hospital to recover its incurred costs and attorney’s fees as the prevailing party in this litigation:

The death of a loved one is one of the most difficult and emotionally taxing times in a person's life. If the family member or loved one perished not because of illness or an accident but because of carelessness or negligence on the part of another person, the devastation can be far greater. Fortunately, claims for issues such as wrongful death exist, helping surviving relatives and loved ones ensure responsibility for the ill-fated passing of a loved one. Wrongful death is a claim against a person who can be held liable for the death, even though there was no direct intention to kill. For the claim to stand, the person must be deemed negligent or strictly liable for the demise of the deceased.

While her actions might not be seen as the best decision, she made one and did her best to make the rightful one under such poor circumstances that were out of her control. On the other hand, the Hospital should have prepared the health care faculty professionals for situations like such. One single doctor or a group are not at fault, because the hospital system failed them first. Multiple physicians and nurses made decisions on that day that saved and killed people.

Wrongful conviction is a situation where a person undergoes punishment for a crime they did not commit. It is a conviction reached in disputed or unfair trial. DNA evidence has been used in recent years to clear individuals falsely convicted so as to avoid execution of innocent people. There are means to overturn wrongful conviction as exhibited by most criminal justice systems, but this is not always easy to achieve. The following are the common causes of wrongful

Provide an in-service to all nursing staff on IV infiltration identification and importance of treating, importance of accurate and timely documentation, importance of communication to providers, medications contraindicated in shock, and the duty of a nurse to speak up on behalf of a patient. Defendant Possible Legal Theory of Liability Actions Resulting in Possible Liability Short-Term Corrective Action Long-Term Corrective Action Dr. Moon Negligence Liability Actions that lend to a possible general negligence liability claim include: 1. Failed to follow Bay Hospital policy and procedure on evaluating staff prior to hiring which would have ensured Dr. Dick was trained, had the expertise, and demonstrated competence to provide care in the ED.

After carrying out this work of death counseling he has been many times represented in court but despite of many efforts of the opponent lawyers he gets exonerated. He continues his work and has helped over 100 patients to end their lives. Jack has risked his life and energy to change the laws and challenge society’s attitude towards right to die. Here the argument arises that despite many efforts of Jack, at last the court has announced him 10 to 25 years of death. This according to me was wrong decision.

A poignant recent example of the latter occurred in various Phoenix VA Health Care System facilities. It is estimated that as many as 40 veterans may have died due to a delay in providing them with care. There are millions of records missing, and the medical system is 250,000 pages behind. This may become a national scandal, with incidents also occurring at VA facilities in Miami, Atlanta, and Pittsburgh, among others. If it can be proved that the deaths of these veterans occurred due to medical malpractice or negligence, it provides an example of a typical wrongful death

Yes there are degrees of a responsibility in a person’s death, but not all actions involved in the death should be punished if they were unintentional or a mistake. Actions may have an effect on a person’s death, but those actions should not