Premium Essay

Illinois Medical Malpractice Case Study

Submitted By
Words 920
Pages 4
The hypothetical explains that in the state of Illinois the Department of Professional Regulation (DPR) filed a complaint against chiropractor Joseph Snell. In the state of Illinois, a law was passed known as the Illinois Medical Malpractice Act (IMMA) which is administered by the DPR. Medical malpractice in Illinois is when “a patient suffers harm as a result of negligent medical treatment in Illinois, the doctor, hospital, or other medical provider may be liable for medical malpractice.” (Boeschen, C. (n.d.). Illinois Medical Malpractice Laws & Statutory Rules. Retrieved from http://www.alllaw.com/articles/nolo/medical-malpractice/laws-illinois.html, para. 1). According to the DPR, Joseph Snell had displayed a 27-page booklet in his office …show more content…
v. Public Service Commission of New York, 1980). The first question used is if the speech Joseph used was an illegal activity and/or is it misleading? Though he is accused of violating his states IMMA act, his testimonies used in the booklet were not illegal or misleading under federal law. The second question asked is if the government interest served by the restriction on commercial speech substantial. The defendant Snell believes the state is restricting his freedom of speech, and that his booklet has beneficial information to his potential patients. In which I concur, believing that Snell has fulfilled the second part of the test. The third and fourth questions supplement each other, the third asking if the regulation directly advances the government interest asserted and the fourth asking if the regulation is more extensive than necessary to serve the government interest. It is known that the IMMA Act is in place to protect the public from misleading information. In which section 26(2) only covers speech that is misleading, “superior quality of care to entice the public.” (BUL 4421 ,2017 , p. 4). The record should show that there was no harm suffered by the patients in Joseph Snell’s care who were deceived by the defendant’s booklet. The states outright ban on testimonials

Similar Documents

Free Essay

Medical Malpractice and Quality of Care

...Medical Malpractice and Quality of Care: With the increase in costs of malpractice insurance for doctors, how is our quality of care affected and what can be done about it? Rising malpractice insurance affects everyone seeking medical care and should be a cause for serious concern. At first, the health care industry saw rising premiums as only a temporary backlash from a couple of lawsuits with multimillion dollar jury awards. Therefore, health care administrators, insurance companies, and public officials worried little about planning for the snow-balling crisis that exists today. People blame greedy lawyers and generous juries for the problem; however, I feel that more than one cause led to our current situation. Today, administrators and lawmakers debate the best solution to this dilemma. Many suggest that by merely capping monetary damages awarded, malpractice rates will stabilize. I disagree. I believe that monetary caps must occur to help with the costs, but I also feel that patient/public awareness is essential to the stabilization of insurance premiums. After the first multimillion dollar award in a medical malpractice lawsuit, physicians still felt safe because they believed juries would place little or no emphasis on non-economic damages – awards unrelated to medical costs, lost salary, etc. However, the lawsuits kept coming and the awards, especially for non-economic damages, kept escalating. According to the New York Times, “the average jury...

Words: 2636 - Pages: 11

Premium Essay

Hca Wk2 Dq1

...What are some of the issues that you would want to explore to help improve the quality? Quality of service should be one of the most important and well monitored goals for any medical facility, from your small town family doctor’s office, to nursing and rehabilitation facilities, all the way to large hospital systems. The quality of service provided in a facility doesn’t just affect the patients. Quality of service also affects the bottom line, or whether or not the hospital system is profitable. In order to better access the system’s current quality of service and to devise improvement plans I would need to explore issues that have significant effect on quality of care such as, patient satisfaction and retention, medical errors and patient risk, costs, profitability, and staffing. What information/data would you ask for to help analyze the problem? What are some of the areas that you would want to focus on to help improve the quality of the hospital? Suggest at least one solution to improving poor quality of care in a hospital system. To start out I would like to get a better understanding of the reasons behind low patient satisfaction ratings. This could be accomplished via analyzing any available patient satisfaction surveys and using this information to detect any obvious problem areas as well as any strengths. Using this information I would devise a more specialized and in-depth survey to be sent out to all patients who did the original...

Words: 782 - Pages: 4

Premium Essay

Ethical and Legal Issues in Nursing

...presented with a hemorrhagic stroke in a recent case study, brings up thought for ethical debate. Her outlook is poor, with or without surgery, and she has no advanced directive. Her husband and children cannot come to an agreement on whether life support should end or if all resuscitative measures should be attempted. The following paper will discuss how the American Nurse’s Association Code of Nursing Ethics would influence a final decision, how personal and societal values can influence ethical decision making, the fundamental legal aspects of each case study, and the legal responsibilities of nurses in the work setting. Regardless of any situation that may arise, every nurse has a set standard in place that must be followed. These are nonnegotiable, ethical standards, obligations and duties that every individual swears to when entering the nursing profession. These standards are all found within the American Nurses Association’s code of Nursing Ethics and Conduct. Whether dealing with patients and families during end of life decision making or dealing with nursing negligence within the court of law, the first provision in the code of ethics is the most imperative to remember. Nurses are always obligated to their patient’s best interest, therefore making them an unrelenting patient advocate. Many provisions are pointed out within the Nursing Code of Ethics. In the situation of dealing with Marianne’s family and medical treatments, there are many important things to...

Words: 1233 - Pages: 5

Premium Essay

Business Law: Pro Tort Reform

...litigation, which is approximately 2.3% of the gross domestic product (GDP)1 Studies have shown that the citizens pay a tort tax of $1200 per individual or nearly $5000 for a family of four. 2 Today, tort reform is a contentious political issue and its advocates propose procedural limits on the ability to file claims and capping awards of damages. The cost of healthcare in the US is very expensive and is rising rapidly. Tort is one of the main reason this is happening. Tort pay out usually comes from the insurance companies, which eventually raise the insurance cost, and the cost is incurred to everyone paying insurance. In addition, the current medical liability system does not effectively compensate patients from medical negligence nor improve patient safety by addressing system errors. 93% of physicians have started to practice defensive medicine3 in order to avoid getting into lawsuits and this has adversely affected the physician-patient relationship. Physician eliminate complex procedures or procedures that seem litigious. These behaviors have strained and limit physicians to their scope of work, which ends up 1 Kirk W. Dillard, Illinois' Landmark Tort Reform: The Sponsor's Policy Explanation, 27 LOY. U. CHI. L.J. 805, 809 nn.1, 16-17 (1996). 2 See Dillard, supra note 10, at 809 n.16 3 http://www.aaos.org/news/aaosnow/nov08/managing7.asp  adding to the rising healthcare costs. Frivolous malpractice suits also put doctors out of business. Tort reform is a solution to slow...

Words: 746 - Pages: 3

Premium Essay

Risk Management Assessment

...Risk Management Assessment Summary Aurora Health Care Syisha Herman HCS/451 – Health Care Quality Management and Outcomes Analysis Barbara Smith September 26, 2011 Aurora Health Care services all of eastern Wisconsin and Northern Illinois. Aurora measures its progress by establishing and striving to meet specific goals for each and every care management initiative as they focus on the improvement of quality health care. Risk management once meant the management of potential claims arising from malpractice, workers’ compensation, and casualty and property losses – essentially protection against accidents. In the new era of managed care, risk management takes on a move a more global meaning-that of enterprise financial management. Risk management attempts to relate coat management to total healthcare services (McGuire, 1995). Aurora is always looking for new and better ways to improve their services in quality health care. The purpose of risk management in health care is to ensure patient safety and quality, to protect staff, visitors, and any financial losses within the hospital that can come from evaluation, risk detection or prevention. In all, risk management protects the assets of an organization as it works to identify and address all sources of risk and or loss of an organization. Aurora’s purpose for risk management is as followed: 1. Patients getting the care they need 2. Patients and families getting and receiving support to help...

Words: 843 - Pages: 4

Premium Essay

Econ 545

...Introduction “To Be on not to Be, that is the question,” a famous quote from Shakespeare poem Hamlet. My niece is interested in attending medical school and has solicited my professional opinion on whether it would be economical feasible for her to attend medical school and if so, the best location to practice medicine. There are many variables in determining the maximum benefit and/or advantages of medical school. Such variables could include but not limited to, gender, ethnicity, tuition, locations, schools, specialties, etc. This paper will touch on the advantages as well as some barriers which may countersuit some of the advantages to form a concise recommendation to my niece on whether becoming a physician is economically and socially a good profession in which she should pursue. Demand Determinants The demand determinants for this case will feature definition of the market and the availability of close substitutes. These two determinants were chosen because the market for medical school can pose many qu4estions, however, narrowing down the most compatible choice is essential in obtaining the value of becoming a physician. The article “Is Being a Doctor Worth it Financial? Not as much as you may Think,” will help us break down the demand determinant of availability of close substitutes. This article goes to analyze the author’s question on whether if it is worth becoming a physician. To determine the author’s answer, she compared the salary...

Words: 1929 - Pages: 8

Premium Essay

Health Law

...E ROLE OF LAW IN THE U.S. HEALTHCARE SYSTEM USING THE LAW TO PROMOTE OUR POLICY GOALS AND ETHICAL PRINCIPLES The study of law is more than simply memorizing a list of activities that are illegal, such as Medicare fraud or price-fixing. It is more than memorizing the penalties for particular violations, such as the number of years in prison one can receive for a class B felony or the fine for driving 50 miles per hour in a 35 mile per hour zone. It is more than trying to remember the names of court cases or the citations to statutes and regulations. Instead, law is a policy discipline and a social science. Moreover, the law is not cast in stone, but is subject to change. For hundreds or perhaps thousands of years, people have reconsidered and changed the rules that govern their activities. In a democratic society, we have the power to make further changes in the laws by which we live. Therefore, as students and scholars of law, we not only study the current state of the law, but also what we think the law should be. In particular, we consider how we can use the law to accomplish our goals of public policy. We begin this type of analysis by identifying a practical problem. For example, we may want to focus on discrimination, violence, environmental pollution, or inadequate access to healthcare services. Then, we try to figure out how to use the law and the legal system to solve that particular problem by creating a new law or by changing an existing law. ...

Words: 15289 - Pages: 62

Premium Essay

Accounting

...Accounting, Organizations and Society 38 (2013) 596–620 Contents lists available at ScienceDirect Accounting, Organizations and Society journal homepage: www.elsevier.com/locate/aos An accountability framework for financial statement auditors and related research questions Mark E. Peecher a,⇑, Ira Solomon b,1, Ken T. Trotman c,2 a Department of Accountancy, College of Business, University of Illinois at Urbana-Champaign, 1206 South Sixth Street, Champaign, IL 61820, United States A.B. Freeman School of Business, Tulane University, 7 McAlister Drive, New Orleans, LA 70118, United States c School of Accounting, Australian School of Business, University of New South Wales, Sydney 2052, Australia b a b s t r a c t We address the following overarching questions: What kind of accountability framework could regulators use to (a) motivate auditors to improve audit quality, and (b) evaluate how well auditors have carried out their duties? We draw on research in accounting, economics, psychology, and neuroscience to critique the accountabilities, incentives, and learning opportunities embedded in auditors’ extant regulatory environment. We first establish that forward-looking estimates are the basis for most financial statement information and that some of these estimates are highly uncertain, which increases the challenges faced by auditors. We propose an accountability framework with two dimensions: rewards versus penalties and processes versus outcomes. We...

Words: 21009 - Pages: 85

Premium Essay

Do in America

...Osteopathic Museum, Kirksville, Missouri. For Kathryn Gevitz This page intentionally left blank CONTENTS Preface & Acknowledgments ix Chapter 1 Andrew Taylor Still THE MISSOURI MECCA IN THE FIELD 39 1 22 Chapter 2 Chapter 3 Chapter 4 STRUCTURE & FUNCTION EXPANDING THE SCOPE 54 69 85 Chapter 5 Chapter 6 THE PUSH FOR HIGHER STANDARDS A QUESTION OF IDENTITY The California Merger 101 115 135 Chapter 7 Chapter 8 Chapter 9 REAFFIRMATION & EXPANSION In a Sea of Change 155 Chapter 10 Chapter 11 THE CHALLENGE OF DISTINCTIVENESS 171 Notes 193 Index 237 This page intentionally left blank PREFACE & ACKNOWLEDGMENTS I first became aware of the existence of the osteopathic medical profession during the summer of 1974. I was meeting my friend David,...

Words: 99946 - Pages: 400

Premium Essay

To Err Is Human

...http://www.nap.edu/catalog/9728.html We ship printed books within 1 business day; personal PDFs are available immediately. To Err Is Human: Building a Safer Health System Linda T. Kohn, Janet M. Corrigan, and Molla S. Donaldson, Editors; Committee on Quality of Health Care in America, Institute of Medicine ISBN: 0-309-51563-7, 312 pages, 6 x 9, (2000) This PDF is available from the National Academies Press at: http://www.nap.edu/catalog/9728.html Visit the National Academies Press online, the authoritative source for all books from the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council: • Download hundreds of free books in PDF • Read thousands of books online for free • Explore our innovative research tools – try the “Research Dashboard” now! • Sign up to be notified when new books are published • Purchase printed books and selected PDF files Thank you for downloading this PDF. If you have comments, questions or just want more information about the books published by the National Academies Press, you may contact our customer service department tollfree at 888-624-8373, visit us online, or send an email to feedback@nap.edu. This book plus thousands more are available at http://www.nap.edu. Copyright © National Academy of Sciences. All rights reserved. Unless otherwise indicated, all materials in this PDF File are copyrighted by the National Academy of Sciences. Distribution, posting, or copying...

Words: 104719 - Pages: 419

Premium Essay

Term Paper

...Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to...

Words: 42578 - Pages: 171

Premium Essay

Healthcare Reimbursement

...Web page addresses and the information on them may change or disappear at any time and for any number of reasons. The user is encouraged to perform his or her own general Web searches to locate any site addresses listed here that are no longer valid. AHIMA strives to recognize the value of people from every racial and ethnic background as well as all genders, age groups, and sexual orientations by building its membership and leadership resources to reflect the rich diversity of the American population. AHIMA encourages the celebration and promotion of human diversity through education, mentoring, recognition, leadership, and other programs. American Health Information Management Association 233 North Michigan Avenue, Suite 2150 Chicago, Illinois 60601-5800 http://www.ahima.org Contents About the Authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....

Words: 9820 - Pages: 40

Premium Essay

Public Health

...IN THE United States, primary care remains a medical model. This is in contrast to much of the world, where the 1978 Declaration of Alma-At a which recognized that attaining health for all also requires interaction from social and economic sectors - is considered standard. Today, there is much buzz about patient-centered medical homes, a concept that promises to transform the practice of American medicine. There is much to praise about this most recent iteration of the medical home. But the missing ingrethent in all these definitions and models remains public health. A population focus that addresses the social determinants of health is an essential component of primary health care. In the United States, such a comprehensive approach has been labeled community-oriented primary care. This model is built firmly on the Alma-Ata principles and incorporates a public health approach to health services. Community-oriented primary care organizes the delivery of health services, around a population, not simply a collection of individuals. It identifies a population - most frequently a geographically defined community - and uses epidemiology and interventions to improve community and individual health and well-being. In this model, both individual patients and the community are the foci of the delivery of health services. Primary health care stands at the intersection of personal and population health services. It requires integrating medical models of primary care that are centered on...

Words: 12713 - Pages: 51

Premium Essay

Blood Work

...Essentials Ruth E. McCall, BS, MT (ASCP) Retired Program Director and Instructor Central New Mexico Community College Albuquerque, New Mexico President, NuHealth Educators, LLC Faculty, Emeritus Phoenix College Phoenix, Arizona Fifth Edition Cathee M. Tankersley, BS, MT (ASCP) Acquisitions Editor: Peter Sabatini Product Manager: Meredith L. Brittain Marketing Manager: Shauna Kelley Designer: Holly McLaughlin Production Services: Aptara, Inc. Fifth Edition Copyright © 2012, 2008 by Lippincott Williams & Wilkins, a Wolters Kluwer business. Two Commerce Square 2001 Market Street Philadelphia, PA 19103 351 West Camden Street Baltimore, MD 21201 Printed in China All rights reserved. This book is protected by copyright. No part of this book may be reproduced or transmitted in any form or by any means, including as photocopies or scanned-in or other electronic copies, or utilized by any information storage and retrieval system without written permission from the copyright owner, except for brief quotations embodied in critical articles and reviews. Materials appearing in this book prepared by individuals as part of their official duties as U.S. government employees are not covered by the above-mentioned copyright. To request permission, please contact Lippincott Williams & Wilkins at Two Commerce Square, 2001 Market Street, Philadelphia, PA 19103, via email at permissions@lww.com, or via website at lww.com (products and services). 9 8 7 6 5 4 3 2 1 Library of Congress...

Words: 129902 - Pages: 520

Premium Essay

Square Pharmaceuticals Hrm

...resource management is an important department of Square Pharmaceuticals Ltd. In the absence of these all efforts will failed to fulfill the target that in such a technique which cannot solve any problem within short time. Though Square Pharmaceuticals Ltd has been sat up in a town, it faces some problems with regard to manpower that require providing quality medicine to the society. The industry is running in a righteous way with the applicable management with name and fame with a view to know the esteemed industry. I meet the Square pharmaceuticals Ltd authority. The development, extension, communication, production system, and labor relation of an industry depends on the proper management system of that industry. 2. Objectives Of The Study Every activity has some objectives. The...

Words: 14921 - Pages: 60