Question
Review the Iturralde v. Hilo Medical Center:http://caselaw.findlaw.com/hi-intermediate-court-of-appeals/1597588.html. Evaluate the Iturralde v. Hilo Medical Center case and how did the 4 elements of the tort of
Review the Iturralde v. Hilo Medical Center:http://caselaw.findlaw.com/hi-intermediate-court-of-appeals/1597588.html.
- Evaluate the Iturralde v. Hilo Medical Center case and how did the 4 elements of the tort of negligence apply to the doctor and hospital.
- What are the pros and cons of medical malpractice ADR statutes.Indicate how you would prepare for the ADR process in your state.
- When a medical error occurs, there is a tendency to want to cover it up.What would you do to change the culture of transparency that encourages early reporting of medical errors, near misses, and other problems.
- If you were an executive at Hilo Medical Center what are three risk management strategies you could take to prevent the problem that led to the lawsuit.
- If you were an executive at Hilo Medical Center what are three actions you could take to limit liability after the incidents that led to the lawsuit occurred.
Links:
Darling v. Charleston Community Memorial Hospital, 33 Ill. 2d 326, 211 N.E.2d 253, 1965 Ill. LEXIS 250, 14 A.L.R.3d 860 (Ill. 1965).https://biotech.law.lsu.edu/cases/medmal/darling.htm
Medical Liability/Malpractice ADR and Screening Panels Statuteshttps://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-adr-and-screening-panels-statutes.aspx
No-fault compensation systems:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1125962/
Watch:
Hospital Errors: The High Risk of Medical Mistakes -https://www.youtube.com/watch?v=evh8oHO8KKU
Review:
CaseBriefs (n.d.).Burless v. West Virginia University Hospitals, Inc.https://www.casebriefs.com/blog/law/health-law/health-law-keyed-to-furrow/liability-of-health-care-institutions/burless-v-west-virginia-university-hospitals-inc/
FindLaw (n.d.).Burless v. West Virginia University Hospitals, Inc.http://caselaw.findlaw.com/wv-supreme-court-of-appeals/1088275.html
Sweden no-fault system:https://faculty.wharton.upenn.edu/wp-content/uploads/2014/10/the-swedish-patient_1.pdf
New Zealand no-fault system:http://www.commonwealthfund.org/publications/in-the-literature/2006/feb/no-fault-compensation-in-new-zealand--harmonizing-injury-compensation--provider-accountability--and
New Zealand no-fault system:https://www.healthaffairs.org/doi/pdf/10.1377/hlthaff.25.1.278
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