Ethical and Legal Considerations Milestone One .docx

There also is a racial discrimination component that

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There also is a racial discrimination component that should be mentioned, as the plaintiff also had a security guard outside of his room for an unknown reason. There should be question in whether the surgeon was culturally biased, failing to translate the plan of care, assuming health illiteracy in deciding not going forth with informing the patient the rods were not installed and instead screw driver shafts were installed. If the patient was not of a different culture and language would the surgeon have handled the case differently? Assess the malpractice case for accountability based on its severity. To what extent was the healthcare provider held accountable? The surgery that was improperly performed resulted in further complications, more surgeries, and eventual death. HMC and Dr. Ricketson were held negligent and the plaintiff’s estate was awarded $629,250 in damages against HMC and $5,517,500 in damages against Dr. Ricketson. The jury assumed joint liability and individual liability against Dr. Ricketson. This is fair payout to individuals for their emotional distress and death of their loved one, although the distress that was caused could not be held to a dollar amount. The jury founded Dr. Ricketson 65% liable and HMC 35% liable for this case. “Dr. Ricketson was found solely responsible for punitive portion of the verdict since Hawaiian law prevents punitive damages be awarded against hospitals” (Davis, 2018).
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Running Head: ITURRALDE v. HILO MEDICAL CENTER USA 6 References Davis, M. (2018, June 02). $5.6 Million verdict for hilo malpractice. Retrieved January 27, 2019, from - malpractice/ Definitions of states of mind. (2019). Retrieved January 26, 2019, from - 0206.htm Fremgen, B. F. (2016). Chapter 1. In Medical law and ethics (5th ed.). Pearson. Hawley, S. T., & Morris, A. M. (2017). Cultural challenges to engaging patients in shared decision making. Patient Education and Counseling, 100 (1), 18-24. doi:10.1016/j.pec.2016.07.008 Iturralde v. Hilo Medical Center USA, FindLaw (Intermediate Court of Appeals of Hawaii), FindLaw 28792.
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  • Spring '16
  • osborn
  • Physician, Medical malpractice, HILO MEDICAL CENTER USA

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