MN 506 Case study. GroupC. Unit 7-3.docx

5 million dollars against all three entities involved

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Company of Reading in 2003, a malpractice claim by a patient obtained $4.5 million dollars against all three entities involved: doctors, nurses and the hospital facility (Westrick, 2014). The court case explained is in basic terms, the Travelers Indemnity Company was the insurer of the hospital where the nurse’s own malpractice insurance was American Casualty (Westrick, 2014). This case involved primary and secondary coverage and when each should pay their proper amounts towards their limits. The fight was over Travelers Indemnity Company wanting to pay towards the excess policy after the limits of the individual nurse’s insurances involved paid, in which they won the lawsuit (Westrick, 2014). This specific case involved 10 nurses and 2
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CASE STUDY II 14 physicians, which is in great relation to the amount of team members involved in the Carpenter wrongful death case (Westrick, 2014). The Carpenter wrongful death case involves a mixture of healthcare employees that total around 10, as well as the hospital as a whole. The problem with this lawsuit is that only the hospital, the LPN and the physician carry malpractice insurance. With the hospital holding insurance, the type of insurance called “vicarious insurance” is the hospital being held liable for negligence made by the individual nurse (Taylor, 2014). With this type of vicarious insurance does not always come full coverage and the nurse and hospital employees should always check with the employer first to see if actions are covered and the potential need for a decent amount of individual coverage (Taylor, 2014). The only hope for the hospital workers not holding professional liability insurance is that the vicarious insurance and lawsuit towards the hospital stays within those limits, and does not populate into individual lawsuits attacking each individual involved. However for the insured employees, “when there is an overlap in coverage with institutional and the individual policies, the insurance companies determine which policy, or whether both policies, will cover the incident (Westrick, 2014).” Preparation for Court of the Parties Bal (2009) explained that the court system in the United States have trial courts where civil disputes are filed and litigated, and there is typically a system of appeals courts with final judicial authority lying in the state supreme court. Lawsuit claiming malpractice is generally filed in a state trial court. A malpractice case must present the following elements: the existence
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CASE STUDY II 15 of a legal duty on the part of the provider, failure of the treating provider to adhere to standards of practice, injury evidence, and the presence of damages. Westfall (2009) delineates that preparation for court will include: a preliminary trial plan or list of objectives in placed prior to the discovery deposition, litigation history, specific cross- examination techniques and strategies, evaluate relevance, methodology, and evaluate case statements. According to Anselmi (2012) explained that all nurses carry their own malpractice
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  • Spring '17
  • Dr Smith
  • Nursing, Medical malpractice, Registered nurse, Mr. Howard Carpenter

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