Chapter 6 - CRIMINAL ASPECTS OF HEALTH CARE Many of these cases are discussed in
ID: 3509020 • Letter: C
Question
Chapter 6 - CRIMINAL ASPECTS OF HEALTH CARE Many of these cases are discussed in detail in your text book, I have listed a brief statement below about each case for you to refer to after you read the chapter and start on your homework. You can look them up in the index towards the back of the book or if you cannot find enough information from your book to help you form an opinion on how you feel about the case, you can k up each case by typing the bolded content (case name) into any search engine. Please use complete sentences in your answers. State v. Brenner 1. Under what statute were they charged? 2. What were the allegations? People v. Smithtown General Hospital Patient admitted for insertion of a hip prosthesis. Following completion of the surgery a follow up X-ray revealed that the prosthesis had "popped" out of the acetabulum. The general sales manager of the company marketing the prosthesis was present during the surgery and assisted the surgeon in its subsequent removal. This was not documented in the medical record 1. Under what criminal action could the physician be held liable? 2. The sales manager? 3. Why do you agree or disagree with the decision of the court? What would you have ruled or voted?Explanation / Answer
State v. Brenner Case:
1) State v. Brenner the Defendant was charged with cruelty to the infirm. The state alleged that the administrator of the nursing facility neglected and mistreated residents by failing toensure. The Louisiana Supreme Court on appeal by the defendants from two lower courtsheld that the phrases intentional or criminally negligent mistreatment or neglect.
2) Allegation was on Tom Pritchard, Director of Nursing, neglected and/or mistreated the victims in the same particulars and also failed to properly train the staff at the nursing home in correct nursing procedures. Another alligation was on the controller failed in the same particulars and also failed to purchase adequate medical supplies for proper treatment and that Edward Bierman, admissions director and physical therapist, failed to provide adequate physical therapy and failed to exercise proper judgment regarding admissions procedures at the facility.
2nd case:
1) to subdivision 5 of section 120.05 of the Penal Law and section 175.10
2) section 20.25
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