The Court dismissed Dr Raju's appeal against findings that his negligence caused Janae Matute's cerebral palsy. Dr Raju delivered Janae prematurely by caesarean section. He failed to properly record Mrs. Matute's last menstrual period and gestation details, ignored evidence of a later delivery date, and delivered Janae prematurely. The lower courts found this caused Janae's brain damage from issues at birth. The Court upheld these findings, concluding Dr Raju breached standards of care for both general practitioners and obstetrics specialists.
T he fifteen year-old patient was scheduled for surgery on t.docxlillie234567
T he fifteen year-old patient was
scheduled for surgery on the right
side of his brain to remove a right tem-
poral lobe lesion that was believed to be
causing his epileptic seizures.
The surgery began with the sur-
geon making an incision on the left
side, opening the skull, penetrating the
dura and removing significant portions
of the left amygdala, hippocampus and
other left-side brain tissue before it was
discovered that they were working on
the wrong side.
The left-side wound was closed,
the right side was opened and the pro-
cedure went ahead on the right, correct
side.
The error in the O.R. was revealed
to the parents shortly after the surgery,
but only as if it was a minor and incon-
sequential gaffe.
The patient recuperated, left the
hospital, returned to his regular activi-
ties and graduated from high school
before his parents could no longer deny
he was not all right. After a thorough
neurological assessment he had to be
placed in an assisted living facility for
brain damaged individuals.
When the full magnitude of the
consequences came to light a lawsuit
was filed which resulted in a $11 mil-
lion judgment which was affirmed by
the Supreme Court of Arkansas.
A circulating nurse has a le-
gal duty to see that surgery
does not take place on the
wrong side of the body.
The preoperative documents
failed to identify on which side
the surgery was to be done.
It was below the standard of
care for the circulating nurse
not to notice that fact and not
to seek out the correct infor-
mation.
SUPREME COURT OF ARKANSAS
December 13, 2012
Operating Room: Surgical Error Blamed, In
Part, On Circulating Nurse’s Negligence.
Surgical Error Blamed, In Part, On
Circulating Nurse’s Negligence
The Court accepted the testimony
of the family’s nursing expert that a
circulating nurse has a fundamental
responsibility as a member of the surgi-
cal team to make sure that surgery is
done on the correct anatomical site,
especially when it is brain surgery.
The circulating nurse is supposed
to understand imposing terms like se-
lective amygdala hippocampectomy
and know the basics of how it is sup-
posed to be done.
Hospital policy called for the sur-
geon, the anesthesiologist, the circulat-
ing nurse and the scrub nurse or tech to
take a “timeout” prior to starting a sur-
gical case for final verification of the
correct anatomical site.
The circulating nurse should have
available three essential documents, the
surgical consent form, the preoperative
history and the O.R. schedule.
The full extent of the error, that is,
a full list of the parts of the brain that
were removed from the healthy side,
should have been documented by the
circulating nurse, and failure to do so
was a factor that adversely affected the
patient’s later medical course, the pa-
tient’s nursing expert said. Proassur-
ance v. Metheny, __ S.W. 3d __, 2012 WL
6204231 (Ark.
Series of lectures I gave for the PEER (Professionalism and Ethics Education for Residents) Project sponsored and organized by the Saudi Commission for Health Specialties (SCHS).
OUTLINE:
What is an informed consent to treatment?
What is the elf basis to consent?
What makes the consent an ethically valid one?
Types of Consent
When it is needed? When could it be waived?
How to take an informed consent?
What if the patient is not able to give consent?
Documentation of Consent
Special Issues about Consent
This is an actual TMLT medical malpractice case. It involves a pain management specialist who was treating a patient for back pain. This presentation illustrates how action or inaction on the part of the physician led to allegations of professional liability, and how risk management techniques may have either prevented the outcome or increased the physician's defensibility. The case has been modified to protect the privacy of the physician and the patient.
Reed Code Blue Health Care Science edition 8thChaps 1,2, and 3.docxsodhi3
Reed Code Blue Health Care Science edition 8th
Chaps 1,2, and 3
THE PURPOSE OF THESE QUESTIONS IS TO HELP YOU REFINE YOUR ANALYSIS & BUSINESS COMMUNICATIONS SKILLS. These are the criteria on which you will be graded.
Short Answer
1. Summary: In 1 BRIEF paragraph, explain what happened in these 3 chapters.
2. Chapter 1: Based on Chapter 1, what is the major issue facing the hospital? What is the relationship between Hap & Del, and why was Hap taking Del on the fishing trip?
3. Chapter 2: Based on Chapters 1 & 2, profile Ed Wycoff, and explain why he asked Dr. Amos to make the proposal to the Board of Directors to replace Hap rather than do it himself.
4. Chapter 3: 2 questions –
· In your opinion, how did Selman handle his firing? Would you have done anything differently?
· In your opinion, how did Wes handle his being hired? Would you have done anything differently?
Module 03 Written Assignment - A Case Study of Healthcare Fraud
Write your answers in the space provided for each of the questions below:
1. What is your initial response to the case study? (Please include one or two paragraphs in this section.)
2. Who was the main perpetrator of fraud? What types of fraud did they commit and what do you think the motivation was for their actions?
3. Looking beyond the main perpetrator, there were numerous other organizations and people involved in the fraud(s). List at least two others involved and describe their contribution to the crimes.
4. How could the health care fraud(s) in this case study have been stopped? Or at least minimized and not have gone on for years?
5. At the end of the case study in the Discussion section, the authors reference some potential cuts in payments to doctors. How do you think these cuts could affect the amount of financial fraud within the health care system? How could doctors react to the cuts in a manner that is not fraud?
A Case Study of Healthcare Fraud
Timothy E. Paterick, MD, JD,* Zachary R. Paterick,† and Gerald F. Fletcher, MD‡
he healthcare landscape is changing with the depressed economic times we have encountered in the United States. The anticipated Medicare cutbacks have created angst among physicians and healthcare institutions. This case is a clear reminder to individual physicians and medical institutions that when faced with potential future payment cutbacks and a changing and uncertain financial landscape for the U.S. healthcare system,
the overriding responsibilities of physicians and medical institutions must always be for the medical welfare of patients and exercising proper fiduciary responsibility.
Key words: False claims; patient safety; fiduciary responsibility; Medicare and private insurance payment; payment reduction for medical specialty services.
T
On December 31, 2008, in the United States District Court, W.D. Louisiana, Mehmood M. Patel, MD, was charged with 91 counts of healthcare fraud violating 18 U.S.C § 1347 and one count of criminal forfeiture pursuant to 18 ...
Judicial approach in medical negligence in malaysiaSiti Azhar
It gives a overview on the current judicial approach on medical negligence cases in Malaysia. The opinion formed in this is the personal opinion of the writer.
T he fifteen year-old patient was scheduled for surgery on t.docxlillie234567
T he fifteen year-old patient was
scheduled for surgery on the right
side of his brain to remove a right tem-
poral lobe lesion that was believed to be
causing his epileptic seizures.
The surgery began with the sur-
geon making an incision on the left
side, opening the skull, penetrating the
dura and removing significant portions
of the left amygdala, hippocampus and
other left-side brain tissue before it was
discovered that they were working on
the wrong side.
The left-side wound was closed,
the right side was opened and the pro-
cedure went ahead on the right, correct
side.
The error in the O.R. was revealed
to the parents shortly after the surgery,
but only as if it was a minor and incon-
sequential gaffe.
The patient recuperated, left the
hospital, returned to his regular activi-
ties and graduated from high school
before his parents could no longer deny
he was not all right. After a thorough
neurological assessment he had to be
placed in an assisted living facility for
brain damaged individuals.
When the full magnitude of the
consequences came to light a lawsuit
was filed which resulted in a $11 mil-
lion judgment which was affirmed by
the Supreme Court of Arkansas.
A circulating nurse has a le-
gal duty to see that surgery
does not take place on the
wrong side of the body.
The preoperative documents
failed to identify on which side
the surgery was to be done.
It was below the standard of
care for the circulating nurse
not to notice that fact and not
to seek out the correct infor-
mation.
SUPREME COURT OF ARKANSAS
December 13, 2012
Operating Room: Surgical Error Blamed, In
Part, On Circulating Nurse’s Negligence.
Surgical Error Blamed, In Part, On
Circulating Nurse’s Negligence
The Court accepted the testimony
of the family’s nursing expert that a
circulating nurse has a fundamental
responsibility as a member of the surgi-
cal team to make sure that surgery is
done on the correct anatomical site,
especially when it is brain surgery.
The circulating nurse is supposed
to understand imposing terms like se-
lective amygdala hippocampectomy
and know the basics of how it is sup-
posed to be done.
Hospital policy called for the sur-
geon, the anesthesiologist, the circulat-
ing nurse and the scrub nurse or tech to
take a “timeout” prior to starting a sur-
gical case for final verification of the
correct anatomical site.
The circulating nurse should have
available three essential documents, the
surgical consent form, the preoperative
history and the O.R. schedule.
The full extent of the error, that is,
a full list of the parts of the brain that
were removed from the healthy side,
should have been documented by the
circulating nurse, and failure to do so
was a factor that adversely affected the
patient’s later medical course, the pa-
tient’s nursing expert said. Proassur-
ance v. Metheny, __ S.W. 3d __, 2012 WL
6204231 (Ark.
Series of lectures I gave for the PEER (Professionalism and Ethics Education for Residents) Project sponsored and organized by the Saudi Commission for Health Specialties (SCHS).
OUTLINE:
What is an informed consent to treatment?
What is the elf basis to consent?
What makes the consent an ethically valid one?
Types of Consent
When it is needed? When could it be waived?
How to take an informed consent?
What if the patient is not able to give consent?
Documentation of Consent
Special Issues about Consent
This is an actual TMLT medical malpractice case. It involves a pain management specialist who was treating a patient for back pain. This presentation illustrates how action or inaction on the part of the physician led to allegations of professional liability, and how risk management techniques may have either prevented the outcome or increased the physician's defensibility. The case has been modified to protect the privacy of the physician and the patient.
Reed Code Blue Health Care Science edition 8thChaps 1,2, and 3.docxsodhi3
Reed Code Blue Health Care Science edition 8th
Chaps 1,2, and 3
THE PURPOSE OF THESE QUESTIONS IS TO HELP YOU REFINE YOUR ANALYSIS & BUSINESS COMMUNICATIONS SKILLS. These are the criteria on which you will be graded.
Short Answer
1. Summary: In 1 BRIEF paragraph, explain what happened in these 3 chapters.
2. Chapter 1: Based on Chapter 1, what is the major issue facing the hospital? What is the relationship between Hap & Del, and why was Hap taking Del on the fishing trip?
3. Chapter 2: Based on Chapters 1 & 2, profile Ed Wycoff, and explain why he asked Dr. Amos to make the proposal to the Board of Directors to replace Hap rather than do it himself.
4. Chapter 3: 2 questions –
· In your opinion, how did Selman handle his firing? Would you have done anything differently?
· In your opinion, how did Wes handle his being hired? Would you have done anything differently?
Module 03 Written Assignment - A Case Study of Healthcare Fraud
Write your answers in the space provided for each of the questions below:
1. What is your initial response to the case study? (Please include one or two paragraphs in this section.)
2. Who was the main perpetrator of fraud? What types of fraud did they commit and what do you think the motivation was for their actions?
3. Looking beyond the main perpetrator, there were numerous other organizations and people involved in the fraud(s). List at least two others involved and describe their contribution to the crimes.
4. How could the health care fraud(s) in this case study have been stopped? Or at least minimized and not have gone on for years?
5. At the end of the case study in the Discussion section, the authors reference some potential cuts in payments to doctors. How do you think these cuts could affect the amount of financial fraud within the health care system? How could doctors react to the cuts in a manner that is not fraud?
A Case Study of Healthcare Fraud
Timothy E. Paterick, MD, JD,* Zachary R. Paterick,† and Gerald F. Fletcher, MD‡
he healthcare landscape is changing with the depressed economic times we have encountered in the United States. The anticipated Medicare cutbacks have created angst among physicians and healthcare institutions. This case is a clear reminder to individual physicians and medical institutions that when faced with potential future payment cutbacks and a changing and uncertain financial landscape for the U.S. healthcare system,
the overriding responsibilities of physicians and medical institutions must always be for the medical welfare of patients and exercising proper fiduciary responsibility.
Key words: False claims; patient safety; fiduciary responsibility; Medicare and private insurance payment; payment reduction for medical specialty services.
T
On December 31, 2008, in the United States District Court, W.D. Louisiana, Mehmood M. Patel, MD, was charged with 91 counts of healthcare fraud violating 18 U.S.C § 1347 and one count of criminal forfeiture pursuant to 18 ...
Judicial approach in medical negligence in malaysiaSiti Azhar
It gives a overview on the current judicial approach on medical negligence cases in Malaysia. The opinion formed in this is the personal opinion of the writer.
Similar to CCJ rules on Raju Meenavali vs Janae and Georgia Matute: Executive Summary (20)
Friends for Conservation and Development (FCD) reports on the status of the Chiquibul and recommendations to preserve this prized natural wonder in western Belize, which supplies more than 40% of the country with basic water resources. It's that vital!
Amandala newspaper using GIS in storytelling. Featuring web apps used for provide interactive news and information on various topics: crime, health, national security, etc.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Abdul Hakim Shabazz Deposition Hearing in Federal Court
CCJ rules on Raju Meenavali vs Janae and Georgia Matute: Executive Summary
1. [2014] CCJ 8 (AJ)
IN THE CARIBBEAN COURT OF JUSTICE
Appellate Jurisdiction
ON APPEAL FROM THE COURT OF APPEAL OF BELIZE
CCJ Appeal No CV 4 of 2012
BZ Civil Appeal No 16 of 2008
BETWEEN
RAJU MEENAVALLI APPELLANT
AND
GEORGIA MATUTE
JANAE MATUTE RESPONDENTS
(An infant suing by next friend GEORGIA MATUTE)
EXECUTIVE SUMMARY
[1] The Respondents, Mrs Georgia Matute and Janae Matute, commenced proceedings
against the Appellant, Dr Raju Meenavalli (‘Dr Raju’), and the Attorney-General of
Belize in negligence after Janae was diagnosed with cerebral palsy. The trial judge gave
judgment against Dr Raju but dismissed the claim against the Attorney-General.
Subsequently, the Court of Appeal dismissed Dr Raju’s appeal but allowed a cross-appeal
against dismissal of the claim against the Attorney-General. The Attorney-General did
not challenge the Court of Appeal’s decision but Dr Raju’s appeal before the Court
resisted the findings of fact of the lower courts. Janae defended the appeal by her next
friend, her mother, Mrs Matute.
[2] On June 9, 2000 Mrs Matute discovered she was pregnant and so attended Dr Raju’s
clinic at the Western Regional Hospital. At that time she informed him that the first day
of her last menstrual period (LMP) occurred on April 27, 2000. However, Dr Raju
recorded an LMP of March 27, 2000 and an expected date of delivery of January 2, 2001.
2. [3] However, after her visit to Dr Raju in August 2000, Mrs Matute sought a second opinion
at La Loma Luz Hospital which confirmed that her LPM was April 27, 2000 and
indicated that her expected date of delivery was February 1, 2001. Dr Raju rejected the
findings contained in the La Loma Luz opinion and proceeded to certify on Mrs Matute’s
Social Security Board Medical Certificate of Expected Confinement that her date of
delivery was January 3, 2001. He also made erroneous notes concerning the gestation age
of the foetus on several occasions.
[4] On December 20, 2000 Dr Raju operated on Mrs Matute and delivered Janae by
caesarean section. The following day Mrs Matute saw baby Janae in an incubator with an
oxygen tube inserted into her stomach apparently gasping for breath. She sought an
explanation for Janae’s condition from Dr Magana, the paediatrician under whose care
Janae then was, who indicated that Janae was born premature.
[5] One year later, after noticing delay in Janae’s development, Mrs Matute sought further
explanation and diagnosis from various specialists. At that time Dr Magana indicated that
he suspected Janae may have suffered brain damage due to lack of oxygen at birth. In a
report dated January 29, 2002 he concluded that Janae was born prematurely and suffered
from moderate asphyxia and hyaline membrane disease at birth. Other specialists
consulted confirmed that diagnosis.
[6] At the outset of its reasoning the Court briefly addressed the restricted role of courts of
appeal with regard to findings of fact. It made clear that the principle that only in
exceptional circumstances will the Court review concurrent findings of fact of the courts
below was applicable to medical negligence cases.
[7] The Court noted that Counsel for Dr Raju did not dispute that Janae suffered cerebral
palsy but that he contended that there was a break in the chain of causation in relation to
the cause of Janae’s asphyxia. It noted Dr Raju’s invitation to the Court to find that there
were multiple causes for Janae’s condition and since the conventional ‘but for’ test could
not apply, he should not have been found negligent.
3. [8] The Court however found that the courts below could properly find that, on a balance of
probability, Janae’s condition was due to a pre-term delivery which caused the onset of
hyaline membrane disease at birth. It accepted that if Janae did not develop hyaline
membrane disease, there would not have been resuscitation and exposure to sepsis. The
Court noted that the lower courts did not find that there were multiple causes of Janae’s
cerebral palsy or that there was an indeterminate class of persons one or more of whom
were responsible for Janae’s condition and subsequently decided to leave undisturbed the
findings of the lower courts, resulting in Dr Raju’s failure on this ground of appeal.
[9] Addressing Dr Raju’s submission that no standard of care was established, the Court
highlighted the classic statement of the standard of care of a professional exercising some
special skill or competence which it said in the context of medical negligence means the
failure of a medical practitioner to act in accordance with the standards of reasonably
competent practitioners. After considering the evidence before the lower courts, the Court
concluded that the Court of Appeal was correct to conclude that Dr Raju failed to follow
procedure sanctioned as the proper practice for an obstetrician, failed to record Mrs
Matute’s LMP accurately, to take account of the La Loma Luz ultrasound of the
pregnancy and so misled himself when he came to assess Mrs Matute’s case in the
closing stages of the pregnancy and to decide on the most appropriate date of delivery.
[10] The Court stated that there are special but higher standards for those who profess
specialism but that does not mean that they do not also owe an ordinary duty of skill and
care applicable to general practitioners, including to record and consider relevant
information supplied to them by patients. It rejected Dr Raju’s submission that no
standard of care was established as he was not only in breach of the common standard of
care applicable to medical practitioners but also of the standard of care applicable to
specialists in the field of obstetrics and gynaecology.
[11] Dr Raju’s appeal was dismissed and an order for costs was made against him.
This summary is not intended to be a substitute for the reasons of the Caribbean Court of Justice
or to be used in any later consideration of the Court’s reasons.