Tuesday, April 30, 2019
CRIMINAL AND CIVIL LAW IN HEALTH CARE Essay Example | Topics and Well Written Essays - 500 words - 3
CRIMINAL AND CIVIL rectitude IN HEALTH CARE - Essay ExampleDue to continued swelling and pain, Arthur consulted another medical student who fin all in ally diagnosed a fracture. Based on this, Arthur sued the hospital for inadvertence. The hospital requested the court to deliver compendious judgment on the plea that physicians who treated Arthur were not employees of the hospital but they were working in the autarkical capacity as contractors.All reports, bills, x-rays and other documents provided to the Arthur carried the logo of the hospital and in no way, Arthur was informed that physicians with whom he was taking treatment were working as independent contractors in the Hospital. The court took judicial notice of the on hand(predicate) common facts and took a stand that it was obvious on part of the patient/plaintiff to believe that all physicians were employees of the hospital while taking any treatment there.In Milton Bieber vs. Dr. change and St. Joseph Hospital case, Bi eber filed a accept for physical damages against the doctor and hospital during his radiation sickness treatment in the hospital. As a result, Dr. Ash filed a motion for thick judgment in the examination court and after the hearing the trial court granted summary judgment to Dr. Ashs motion. The trial court also granted hospital, on its motion, summary judgment. On this, Milton Bieber filed an appeal against these summary judgments in the Court of Appeal. The California Court of Appeal reversed unmatched of the summary judgments that was granted in kick upstairs of the hospital however, affirmed the other one in favor of Dr. Ash. The court took this view because Bieber was perfectly in good health after his surgery but it was the radiation treatment that caused him injury. According to the court, the hospitals motion could not shift burden to Milton as he alleged for the negligence on hospital while taking radiation therapy there (The Free Library,
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